How is an employee’s maternity leave approved, and how much of the childbirth expenses are reimbursed?

Recently, there have been many HR Consulting: Three-Phase Issues Related to Female Employees—How Should Maternity Leave Be Taken? How is maternity leave pay calculated? How do you claim the maternity allowance? Today, we’ll provide a unified response.

    First, let’s explain what it is. “Third-phase female employees” ：

    Female employees during the three specific periods of pregnancy, childbirth, and breastfeeding are referred to as “three‑period female employees.” As for the pregnancy and childbirth periods, Chinese law does not provide explicit statutory definitions; determinations must be made based on medical standards and common knowledge. The breastfeeding period is addressed in Article 63 of the Labor Law, which is generally understood to extend from the infant’s birth until the child reaches one year of age.

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How should maternity leave and related time off be taken?

Prenatal work breaks, prenatal leave, miscarriage leave, antenatal check-up leave, breastfeeding leave, pregnancy‑preservation leave, maternity leave, and more. In addition, male employees are entitled to paternity leave. ~

Mandatory holidays:

1. Maternity leave ： 98 days + 30 days/15 days (for late childbirth) + 15 days/30 days (for obstructed labor) + 15 days (for each additional infant in the case of multiple births).

2. Prenatal checkups: During pregnancy, female employees shall undergo prenatal examinations during their agreed working hours at a medical care institution. (Including the initial prenatal examination within the first twelve weeks of pregnancy), such time shall be counted as working hours. (Some enterprises treat the time during which pregnant female employees undergo prenatal examinations as sick leave or absence, thereby infringing upon their legitimate rights and interests.)

3. Prenatal workplace breaks: For employees who are more than seven months pregnant, one hour of rest shall be provided during the workday, and they shall not be assigned to night-shift work.
4. Breastfeeding time: Within the first year of life, breastfeed twice daily, each time… 30 minutes, or can be used in combination;

5. Abortion leave: Dissatisfaction 4 months, 15–30 days; once 4 months are reached, it’s 42 days. Some regions have already further refined these guidelines.

Holidays that can be taken:

1. Prenatal leave: Pregnancy For employees who have been employed for more than seven months, and subject to a work permit, upon personal application and with the employer’s approval, they may take two and a half months of prenatal leave. In cases where local regulations mandate such leave, the employer shall grant it.
2. Breastfeeding Leave: After giving birth, female employees who encounter difficulties and whose work permits it may, upon their own application and with the employer’s approval, take a breastfeeding leave of six and a half months.
3. Pregnancy preservation leave: The doctor issues a certificate, and the employee is entitled to sick leave benefits.  

02

Maternity allowance &Maternity Pay

►1. Maternity allowance and maternity leave pay

There will always be HR is confused: What exactly are maternity leave pay and maternity allowance? Are they paid as a single lump sum, or separately? If a female employee has already received the maternity allowance, do you still need to pay her maternity leave pay?

First, let me clarify this point: maternity pay and maternity allowance are not the same.

Maternity allowance:

The living expenses provided to working women during the period they are absent from work due to childbirth, as stipulated by national laws and regulations. The entity responsible for paying maternity benefits to employees is the social security agency.

Maternity leave pay:

During an employee’s maternity leave, the enterprise shall pay her wages. The employer is the entity responsible for making such wage payments.

Tip:

Maternity allowance ≥With maternity leave pay, companies no longer need to make duplicate wage payments to employees.

Maternity allowance Maternity leave pay is calculated on the principle of the higher amount, and the employer is required to make up the difference and pay it to the employee.

Maternity allowance calculation formula:

Maternity allowance =Monthly per capita contribution base of the employer ÷ 30 days × Number of maternity leave days

For example: The average monthly wage used for social insurance contributions by the unit where a female employee was employed in the previous year was RMB 5,100; she took a total of 128 days of maternity leave before and after childbirth. Accordingly, the standard for her maternity allowance is:

5100 ÷ 30 × 128 = 21,760 (yuan)

Eligibility requirements for maternity leave pay:

If a female employee has already received maternity benefits, medical allowances, and other related payments during her maternity leave, and the maternity benefit exceeds the employee’s average wage, the employer is not required to pay additional maternity wages.

If the wage falls below the average wage, the employer is required to make up the difference. Furthermore, if the period for receiving maternity benefits has expired, the employee does not meet the eligibility criteria for such benefits, or the employer has failed to enroll the employee in maternity insurance, the employee may request the employer to pay wages during maternity leave.

Important Notice:

During a female employee’s maternity leave, the maternity allowance shall be paid from the maternity insurance fund at the rate of the employer’s average monthly wage per employee for the preceding year for those who have participated in maternity insurance; for those who have not participated in maternity insurance, the allowance shall be paid by the employer at the rate of the female employee’s pre‑maternity‑leave wage.

✦ Basis: Article 8 of the Special Provisions on Labor Protection for Female Workers

   For example:

A female employee’s monthly maternity allowance is The monthly maternity allowance for female employees is RMB 8,000, while the employer’s average monthly wage for that month is RMB 8,500; the difference of RMB 500 must be supplemented by the employer. For female employees, the monthly maternity allowance is RMB 8,000, whereas the employer’s average monthly wage for that month is RMB 7,500; any amount exceeding the average wage—RMB 500—may not be withheld by the employer.

►2. Nutritional Allowance
Currently, benefits are paid based on the employee’s contribution wage, taking into account the employee’s age and reproductive status.
►3. Maternity medical expenses
① Examination fees, delivery fees, surgical fees, hospitalization fees, and medication costs for employees’ childbirth (with specific items varying slightly by region);
② Medical expenses incurred due to illnesses arising after an employee’s childbirth;
③ Upon expiration of the maternity leave, if rest and treatment are required due to illness, such arrangements shall be made in accordance with the relevant provisions on sick leave benefits and medical insurance benefits.

03

How should the employment relationship with an employee on leave be handled?

In accordance with applicable laws and regulations, whether the reassignment of a female employee’s position is due to her personal reasons—such as inability to perform the job or her own request for a change—or to circumstances on the employer’s side—such as the abolition of her department—female employees in the three‑period maternity leave period may not, under any circumstances, have their remuneration adjusted.

Legal Link:

1. Article 29 of the Labor Law stipulates: “An employer shall not terminate a labor contract pursuant to Articles 26 and 27 of this Law if the employee falls under any of the following circumstances: (3) a female employee during her pregnancy, maternity leave, or breastfeeding period;”

2. Article 42 of the Labor Contract Law stipulates: “An employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if the employee falls under any of the following circumstances: (4) a female employee during pregnancy, childbirth, or the lactation period;”

3. Article 5 of the Special Provisions on Labor Protection for Female Workers stipulates: “Employers shall not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts on the grounds of pregnancy, childbirth, or breastfeeding.”

4. Article 26 of the Law on the Protection of Women’s Rights and Interests stipulates: “No employer may dismiss a female employee or unilaterally terminate her labor contract on grounds such as marriage, pregnancy, maternity leave, or breastfeeding.”

Of course, the prohibition against adjusting remuneration does not mean that the employer must pay in full all remuneration linked to a female employee’s work performance and conduct. If the employer maintains a rigorous and well‑established wage‑management system, it may, in accordance with the employee’s monthly performance and attendance record, disburse wages, bonuses, and other compensation.

The employment relationship between the two parties may be terminated under any of the following circumstances:

1. Found during the probationary period to be unsuitable for employment;

2. Seriously violating the employer’s rules and regulations;

3. Serious dereliction of duty, engaging in personal gain through malpractice, and causing substantial damage to the employer;

4. Where a worker simultaneously establishes an employment relationship with another employer, thereby seriously impairing the performance of the work tasks assigned by the current employer, or refuses to rectify the situation upon the employer’s request;

5. Where the labor contract is rendered invalid due to the circumstances set forth in Article 26, Paragraph 1, Item 1 of the Labor Contract Law;

6. Those who have been held criminally liable in accordance with the law.

If a female employee in the third probationary period falls under any of the aforementioned circumstances, her employment contract may be terminated, and the employing unit shall not be required to pay any severance compensation.