In order to increase the fertility rate, the national and local governments have released many favorable polices which include those welfare policies regarding fertility. Female employees have various leaves which have been adjusted from time to time. In order to help HRs, this article lists the latest regulations on various leaves in Shanghai for reference.
| Title |
Duration |
Remark |
| Prenatal inspection leave |
The frequency shall be ordered by doctors, and there is no special requirement for duration.
In practice, many employers would give half a day to one day as needed. |
- The minimum frequency of the prenatal inspection could refer to Article 11 of the “Administrative Measures for Pregnancy Health Care”.
- Prenatal inspection is included in working hours. (Article 6 of the “Special Provisions on Labor Protection for Female Employees”)
|
| Prenatal leave |
2.5months |
- Female employees may apply for this leave, and obtain the approval of employers. (Except those special circumstances that employers must approve relevant applications, employers have right to refuse.) (Article 12 of the “Measures of Shanghai Municipality on the Labor Protection of Female Employees (Amended in 2010)”)
- The special circumstances refer to medical institutions at or above the second class have proved the female employee has a history of habitual abortion, severe pregnancy syndrome, pregnancy complications, etc., which may affect normal fertility. (Article 23, Paragraph 3 of the “Measures of Shanghai Municipality for Implementing the Law of the People’s Republic of China on the Protection of Women’s Rights and Interests”)
- Those who take long sick leave are not entitled to prenatal leave. (Article 6 of the “Interpretation of the Shanghai Municipal Labor Bureau on Relevant Issues in the Measures for the Labor Protection of Female Employees in Shanghai”)
|
| Maternity leave |
Normal: 98 days
Dystocia:113 days
Multiple births: Additional 15 days/infant
Miscarriage: During the first 4 months of pregnancy, 15 days; After then, 42 days |
- National uniform standard.(Article 7 of the “Special Provisions on Labor Protection for Female Employees”)
|
| (Local) Maternity leave |
60 days |
- Shanghai unique welfare. (Article 31 of the “Regulations of Shanghai Municipality on Population and Family Planning (2021 Amendment)”)
|
| Lactation period |
1 hour/day/infant, till 1 year old, for weak babies, the period could be extended no more than 6months |
- The weak baby shall be diagnosed by a medical healthcare organization at or above the district or county level. (Article 15 of the “Measures for the Labor Protection of Female Employees in Shanghai (2010 Amendment)”)
|
| Lactation leave |
6.5 months |
- If a female employee has any difficulty and the work conditions permit, she may apply for such leave, and obtain the approval of her employer. (Except those special circumstances that employers must approve relevant applications, employers have right to refuse.) (Article 16 of the “Measures for the Labor Protection of Female Workers in Shanghai (2010 Amendment)”)
- The special circumstances refer to medical institutions at or above the second class have proved the female employee has suffered from postpartum diseases that seriously affect the health of mothers and infants. (Article 23, Paragraph 4 of the “Measures of Shanghai Municipality for Implementing the Law of the People’s Republic of China on the Protection of Women’s Rights and Interests”)
- Those who take long sick leave are not entitled to lactation leave. (Article 6 of the “Interpretation of the Shanghai Municipal Labor Bureau on Relevant Issues in the Measures for the Labor Protection of Female Employees in Shanghai”)
|
| (Local) Parental leave |
5 days/year/child, till 3 years old |
- This leave shall be calculated in accordance with child’s age instead of calendar year. ( The “Policy Interpretation on the Regulations of Shanghai Municipality on Population and Family Planning”)
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