Understand China’s 98-day maternity-leave baseline and how the maternity allowance is calculated
The national baseline is 98 days of maternity leave, including up to 15 days before delivery. A difficult delivery adds 15 days. For a multiple birth, each additional baby adds another 15 days. During leave, the maternity insurance fund pays a maternity allowance; if the employer has not enrolled the employee in maternity insurance, the employer is responsible for payment.
What it takes
No application charge. The employer submits the claim, so the employee does not normally need to handle it in person.
What you may gain
The State Council’s rules provide 98 days of maternity leave, with 15 days available before birth, 15 additional days for a difficult delivery and 15 additional days per extra baby in a multiple birth. For an insured employee, the maternity insurance fund pays the allowance based on the employer’s average monthly employee wage in the previous year. For an uninsured employee, the employer pays according to her wage before maternity leave.
Context & considerations
The 98 days are a national minimum. Provincial population and family-planning regulations commonly add at least 60 days of additional birth-related leave, often bringing the total to 158 days or more. Which party pays wages during that additional period varies by province.
Research & references
State Council of China (2012). Special Provisions on Labor Protection of Female Employees, Order No. 619, Articles 7 and 8. https://www.gov.cn/zhengce/zhengceku/2012-05/07/content_6584.htm