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alwkeel
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Asked: 2025-05-08T21:45:53+08:00 In:

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

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Are there any specific regulations for foreign employees regarding maternity leave, paternity leave, or other types of leave?
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    1. ROSE HAND
      Begginer

      1. Maternity Leave

      Duration

      The standard maternity leave is 98 days: 15 days before childbirth and 83 days after for single-birth deliveries. Extensions apply for specific circumstances:
      • +15 days for complicated deliveries (e.g., cesarean sections)
      • +15 days per additional infant for multiple births (e.g., twins)
      Some provinces like Shanghai offer extended leave up to 158 days, though foreign employees may need to meet local requirements such as registering their marriage in China.

      Salary & Benefits

      • With maternity insurance: Wages are paid by the insurance fund at the employer’s average monthly salary.
      • Without insurance: Employers must provide full pre-leave salary during the leave period.

      Eligibility

      Foreign employees must hold a valid work permit and comply with family planning policies, including legal marital status for accessing extended regional leave benefits.

      2. Paternity Leave

      China has no national unified paternity leave policy. Leave duration varies by location and employer:
      • Some cities like Shanghai grant 10–15 days of paternity leave, but this is not legally mandated nationwide.
      • Multinational companies often include paternity leave in internal policies even where local laws do not require it.

      3. Additional Leave Types

      Breastfeeding Leave

      Mothers of infants under 1 year old are entitled to 1 hour of daily breastfeeding breaks, with an additional hour for each multiple birth. Employers cannot reduce salaries or terminate contracts during this period.

      Sick Leave & Medical Leave

      • Paid sick leave: 60–100% of salary based on employment tenure, requiring valid medical certification.
      • Work-related injuries: Full pay and job security are guaranteed throughout treatment.

      Annual Leave

      Foreign employees accrue 5–15 days of annual leave per year after one year of continuous service, equivalent to local employee entitlements.

      4. Key Considerations

      • Visa compliance: Extended unpaid leave may affect work permit validity; employers must report changes to authorities.
      • Documentation requirements: Valid work permits and medical certificates (for maternity/sick leave) are mandatory for leave applications.
      • Regional variations: Local policies in cities like Beijing or Shenzhen may include additional benefits or restrictions, requiring verification based on the workplace location.

      Summary of Leave Entitlements

      Leave Type
      Entitlement for Foreign Employees
      Legal Basis
      Maternity Leave
      98 days plus extensions for complications/multiples; insured or employer-paid salary
      Special Provisions on Labor Protection of Female Employees
      Paternity Leave
      10–15 days in some cities; employer-dependent policies
      Local regulations and company policies
      Breastfeeding Leave
      1 hour daily break for infants under 1 year
      Labor Contract Law
      Sick Leave
      60–100% paid leave based on medical proof and tenure
      Labor Law
      Annual Leave
      5–15 days/year after 1+ years of continuous service
      Labor Law
      Foreign employees facing disputes can file complaints with local labor bureaus or arbitration committees. Consulting employer HR departments or legal advisors is recommended for case-specific guidance on leave applications and compliance.