Home/ Questions/Q 1458
Next
In Process

AskLoong.com Latest Questions

alwkeel
  • 0
  • 0
Begginer
Asked: 2025-05-08T21:47:20+08:00 In:

Are there any specific regulations for foreign employees regarding maternity leave, paternity leave, or other types of leave?

  • 0
  • 0
Are there any specific regulations for foreign employees regarding maternity leave, paternity leave, or other types of leave?
foreign employee
Share
    Leave an answer

    Leave an answer

    Browse

    1 Answer

    1. ROSE HAND
      Begginer
      Foreign employees in China are entitled to specific leave benefits under Chinese labor laws, with regulations that may have slight differences from those for local employees. Below is a detailed overview based on the latest legal requirements:

      1. Maternity Leave for Foreign Workers

      Eligible foreign female employees with valid work permits can access maternity leave as stipulated in China’s Provisions on Female Labor Protection:
      • Standard maternity leave: 98 days for normal childbirth, with extensions for medical complications (e.g., +15 days for difficult labor) or multiple births (+15 days per additional infant).
      • Regional additions: Provinces may offer extra leave (e.g., 60 days in Shanghai, 3 months in Hainan), though these often require compliance with family planning policies (e.g., legal marriage status).
      • Exceptions: Adoptive parents or those violating family planning rules (e.g., unmarried mothers) may not qualify for regional extensions, but basic leave remains applicable.

      2. Paternity Leave Provisions

      • Lack of national policy: Unlike maternity leave, China has no unified paternity leave standard. Some cities (e.g., Shanghai) provide 10–15 days of leave, but eligibility depends on local regulations and employer policies.
      • Employer flexibility: Many multinational or foreign-invested companies offer paternity leave as part of internal benefits, even when not legally mandated.

      3. Additional Leave Types

      • Annual paid leave: Entitlement is based on continuous service: 5–15 days per year after 1+ years of employment, as outlined in the Labor Law.
      • Sick leave: Paid sick leave ranges from 3–24 months, depending on tenure and medical certification, with compensation at 60–100% of salary.
      • Public holidays: Foreign employees are entitled to the same 11 national public holidays as local workers (e.g., Chinese New Year, National Day). Some employers may offer extra leave for holidays observed in the employee’s home country.

      4. Essential Considerations

      • Documentation requirements: Valid work permits and medical certificates (for maternity/sick leave) must be provided to employers.
      • Visa impacts: Extended unpaid leave (e.g., maternity/sick leave) may affect work permit validity; employers are required to report changes to immigration authorities.
      • Regional variations: Local labor bureau policies can differ—always check specific rules for cities like Beijing or Shenzhen.
      Foreign employees should consult their employer’s HR department or local labor authorities for detailed procedures. Note that leave regulations for foreign workers in Hong Kong are governed by separate laws (e.g., Employment Ordinance).