In China, maternity leave policies vary by region and type of employment. Maternity leave in China typically lasts at least 98 days, but in some areas, such as Beijing and Shanghai, it can be as long as 158 days, including weekends and public holidays. These policies are designed to support you in recovering after giving birth and spending quality time with your new baby. 

This guide covers China's maternity leave laws, including eligibility, duration, and the application process, helping both expecting mothers and employers stay compliant.

Quick Insights ⚡:

• Standard maternity leave in China is 98 days, but provinces often extend it further.
• Employers must pay full salary during leave.
• Fathers are entitled to paternity leave, typically ranging from 15 to 30 days.
• Required documents include a marriage certificate, birth certificate, and medical proof.
• Foreign workers may have different entitlements.

Understanding China Maternity Leave Policies

China sets clear rules for maternity leave that cover how long you can take off and who can get it. The length varies depending on your location, and there are specific rules applicable to different employee groups.

What Is the Standard Maternity Leave in China?

The national standard for maternity leave in China is 98 days. The Labor Law and the Special Rules on the Labor Protection of Female Employees set this rule. Most provinces add extra days, so the total leave can be longer depending on your city or region.

For example, in cities like Shanghai, Beijing, and Guangdong, you could get between 128 and 190 days in total. Local rules may also require additional time if you have multiple births or exceptional circumstances.

Here is a quick look at how leave can differ:

Most of your leave is paid at your regular salary if you qualify. You should check your contract and ask your employer how local rules affect your total leave.

Who Is Eligible for China Maternity Leave?

You can get maternity leave in China if you meet certain conditions. The main group that can apply is:

• Female employees with a legal work contract,
• Married women who have followed official birth rules and permits,
• Foreign workers; however, your eligibility may depend on your company's policy and the terms of your contract.

You need to submit your official documents, such as your work contract and proof of pregnancy, to proceed. Usually, you must work for the company for at least a few months before the due date to get full benefits.

Check with your employer or local labor bureau if you are unsure about your situation. Rules can differ based on your location and type of employment.

How to Apply for China Maternity Leave

To apply for maternity leave in China, you will need to prepare specific documents and follow a straightforward process. Staying organized helps make the application go smoothly and avoids delays.

Required Documents

To apply, you must provide certain official documents. Keep your paperwork ready before starting the process. Your employer’s human resources department typically checks these.

• Marriage Certificate: This shows your marital status. Most employers want this as part of the application.
• Birth Permit (if applicable): In some regions, you will need a local birth permit. It proves you meet family planning requirements in your area.
• Medical Proof of Pregnancy or Delivery: A doctor’s note or hospital record is usually needed. This document confirms your pregnancy status or the date of childbirth.

Ensure these documents are up to date and accurately reflect the correct names and dates.

Step-by-Step Application Process

Once your documents are ready, follow these steps:

1. Notify your employer in advance. Most companies expect you to tell them about your pregnancy before the 6th month.
2. Submit your documents to the HR department. Please provide copies of your paperwork to Human Resources for review.
3. Wait for approval and prepare a work handover. HR will review your documents and notify you when your leave is approved. Use this time to discuss with your manager or team how your work will be covered.

If you have questions, ask your employer’s human resources team for assistance with any specific forms or rules they may have.

📌Also Read: Why China Doesn’t Allow At-Will Employment & What It Means

Employer Responsibilities for China Maternity Leave

Employers in China have strict rules to follow when employees take maternity leave. You are required to protect the employee's job and pay her properly while she is away.

Salary and Benefits During Leave

During maternity leave, you must pay your employee her full salary unless local rules provide for a different standard. In most areas, this payment is covered by maternity insurance, which is part of the social insurance system. 

If your company joins this system, insurance will reimburse you for most, if not all, of the paid leave.

For employees not covered by insurance, you, as the employer, bear the full cost of their healthcare. Besides salary, you must also keep up with regular benefits, such as housing fund payments, social insurance, and any contract benefits.

Key points to remember:

• Pay the regular salary for at least 98 days of leave. Extra days depend on local policy.
• Make all social insurance contributions during the leave.
• Provide the same benefits as if the employee were at work.

Job Protection & Discrimination Laws

You cannot fire or lay off an employee because she is pregnant, on maternity leave, or just returned from it. Chinese labor laws protect employees against job loss during this time.

There are also laws banning discrimination against pregnant employees and those returning from leave. If your employee files a complaint, you could face legal action or fines.

Employers must:

• Keep the job open and let the employee return to the same or similar position.
• Avoid any negative treatment or unfair changes to her contract.
• Treat requests for leave fairly and do not lower salary or position due to pregnancy or maternity leave.

📌Also Read: China Employer Obligations: A Full Guide for Compliance in 2025

Paternity Leave in China

If you become a new father in China, you are entitled to paid paternity leave. The number of days you get depends on where you live.

Most provinces offer between 15 and 30 days of paternity leave. In some places, like Beijing, you may get 15 days, while other areas give up to 30 days.

You can check the table below to see examples of paternity leave by province:

Your employer usually pays you during this time off. Social insurance may help cover your salary.

To get paternity leave, you need to work legally in China. Both Chinese and foreign workers can use this benefit if their company offers it.

Some provinces have extra rules if your wife gives birth later than a certain age or if you have more children. Always check your local laws and company policies to ensure compliance.

You may need to provide proof, such as a birth certificate or hospital records, to apply for leave. Make sure to inform your boss in advance before using your days off.

China Maternity Leave for Foreign Workers

If you are a foreign worker in China, you have the right to maternity leave just like local employees. The main rules come from China’s labor laws and also apply to foreigners.

Maternity leave is usually 98 days for each birth. You can take up to 15 days before the baby is born and the rest after the birth. In some places, such as Beijing and Shanghai, local laws may provide additional days, so please check with your company.

Your pay during leave depends on your contract and who pays insurance. Sometimes the government maternity fund will cover your salary. In other cases, your employer might pay you directly.

If you have twins or more, you may get extra days off. Some jobs or provinces may give more benefits, so it is good to ask your HR department.

Some international companies offer longer leave or other help for new parents. Your contract might include:

• Extra paid leave
• Flexible work after coming back
• Support programs for families

You should inform your employer in advance if you plan to take maternity leave. They may ask for medical proof. The process can change by company.

It's helpful to review your work contract and inquire about company policies, as these may exceed the legal minimum. Always keep your paperwork for future reference.

Recent Changes in China's Maternity Leave Laws

Several significant changes to China’s maternity leave laws have occurred in recent years. These updates aim to help families and encourage more people to have children.

Between 2021 and 2023, some provinces extended maternity leave. Many places now give mothers extra days off in addition to the national minimum.

Key changes you should know about:

• Basic national maternity leave remains 98 days
• Provinces can add between 30 to 90 more days, depending on local rules
• Beijing, Shanghai, Zhejiang, and Guangdong updated their policies
• New fathers can get paternity leave, usually 5 to 10 days, based on location

Here’s a quick look at extra days in some major cities:

Some places also now offer parental leave when your child is under 3 years old.

These changes can depend on where you live and work. Please check your local rules for the most up-to-date information.

Final Thoughts

At Choi & Partners, we understand the importance of navigating China’s maternity leave rules correctly for both employers and employees. 

Staying compliant not only protects your business but also ensures the rights of your team members. If you have questions about maternity leave benefits, duration, employment contracts, or need help resolving workplace issues, our legal experts are here for you. 

We offer practical solutions and clear guidance for any challenges you face with maternity and employment in China. 

☎️ Contact Choi & Partners today for trusted legal support tailored to your needs. Your peace of mind is our priority.

❓Frequently Asked Questions

China has established national guidelines for maternity leave, pay, and job protection, although some details may vary by city or province. Both mothers and fathers may have access to leave, and foreign employees usually have the same rights as local staff.

How long is maternity leave in China?

You get at least 98 days of paid maternity leave by national law. Some regions or cities may offer more days, sometimes up to 158 days, depending on local policies or special cases, such as multiple births.

Is maternity leave paid in China?

Yes, maternity leave is paid. Typically, payment is made by either social insurance or your employer, depending on your insurance coverage and contract terms. The pay is meant to match your normal wage or salary during this time.

Do foreign workers in China receive maternity leave?

Foreign employees working in China are generally covered by the same maternity leave rules as Chinese citizens. If you are employed and pay into China’s social insurance system, you should be able to claim the same leave and benefits.

Can employers deny maternity leave in China?

Employers in China cannot legally deny maternity leave if you qualify for it. The right to maternity leave is protected by labor laws. If an employer refuses leave, you can report this to the local labor bureau.

Can a woman be fired during maternity leave in China?

You cannot be fired during maternity leave except under special legal circumstances, such as serious violations of company policy unrelated to your pregnancy. Labor laws offer job protection for women on maternity leave.

How does paternity leave work in China?

Paternity leave is available for fathers, but the duration varies by city or province. In some places, it lasts for up to 15 days, while in others, it may be shorter or longer. Always check with your local government or HR for the latest rules.

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