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Topic: What the law gives you after a child is born

How does China mark What the law gives you after a child is born?

Everyday topic

China's maternity leave is set by Article 7 of the State Council's Special Rules on the Labour Protection of Female Employees: 98 days, of which up to fifteen may be taken before the birth; fifteen more for a difficult delivery; and fifteen more for each additional baby in a multiple birth. A miscarriage before four months carries fifteen days, and after four months forty-two. Who pays is in Article 8, and that is the real dividing line: the maternity allowance during the leave is paid by the maternity insurance fund for those enrolled in it, calculated on the employer's average monthly wage of the previous year; only for those not enrolled does the employer pay it directly at the pre-leave wage. In principle, then, the money does not come from the employer but from social insurance — the exact opposite of the American arrangement, which leaves the cost entirely to whatever the two sides negotiate. Provinces add their own extended childbirth leave on top, so the number in practice is often well above 98.

What is this topic?

Taiwan's Labour Standards Act gives eight weeks of maternity leave, fully paid after six months of service. Japan's goes further in a different direction: Article 65 forbids an employer to let a woman work for eight weeks after birth — not a right but a prohibition. Brazil's Consolidation of Labour Laws sets 120 days. Indonesia's Law 4 of 2024 sets a floor of three months and a further three if needed, with the wage percentage written out month by month. The American FMLA says in plain words that the leave "may consist of unpaid leave". And India is stranger still: the constitution requires the state to provide maternity relief, in a part the constitution itself says no court may enforce.

Sources and dates

Dates follow local time zones, calendars, and official notices. Check the source when a date is estimated or locally variable.