Maternity leave in Asia varies enormously — from the 12-week unpaid entitlement in the United States to 52 weeks of combined maternity and parental leave in Japan, with pay rates from 0% to 100% of salary. The Asia-Pacific region is home to some of the world’s most generous maternity leave systems (Japan, South Korea, Australia) and some of the most minimal (the US). For employers operating across APAC, this variation creates significant compliance complexity.
This guide compares maternity leave across 10 major APAC economies, highlighting the duration, pay rate, funding model, and compliance points that differ most between jurisdictions.
Key takeaways
- Japan offers the longest entitlement at 52 weeks of combined maternity and parental leave, with pay at 67% for the first 14 weeks and 50% for the parental leave period.
- Australia provides 18 weeks of government-funded paid leave at the national minimum wage, plus 20 weeks of parental leave.
- New Zealand offers 26 weeks of paid parental leave at the average weekly wage.
- India provides 26 weeks of paid leave for the first two children, funded by the employer.
- The United States is the only APAC-relevant economy with no federal paid maternity leave mandate.
APAC maternity leave comparison
The following table compares maternity leave across 10 major APAC economies:
| Country | Duration (Weeks) | Pay Rate | Funding | Notes |
|---|---|---|---|---|
| Japan | 14 (maternity) + 38 (parental) | 67% (maternity) / 50% (parental) | Social insurance | Combined: up to 52 weeks |
| South Korea | 13 (maternity) + parental leave | 100% (social security ceiling) | Social insurance | Plus parental leave to age 1 |
| Australia | 18 (PPL) + 20 (parental) | Minimum wage | Government | Combined: up to 38 weeks |
| New Zealand | 26 (PPL) | Average weekly earnings | Government | Plus 26 weeks unpaid |
| India | 26 (first two children) | 100% | Employer | Reduced to 12 weeks for 3rd+ child |
| China | 14 (national) + 4-13 weeks provincial | 100% | Social insurance | Total: 128-188 days |
| Hong Kong | 14 | 80% of average daily wages | Employer (with reimbursement) | Government reimbursement scheme |
| Singapore | 16 | 100% (employer + government) | Mixed | Government pays 5 weeks for small employers |
| Malaysia | 98 days (14 weeks) | 100% | Employer | No government funding |
| United States | 12 (FMLA) | 0% (federal) | Employer/federal | 23 states have paid programmes |
Duration: how APAC countries compare
The duration of maternity leave in APAC ranges from 12 weeks (US federal) to 52 weeks (Japan, combined). Most APAC countries fall in the 14-26 week range for the core maternity leave entitlement.
Shortest entitlements
| Country | Duration | Notes |
|---|---|---|
| United States | 12 weeks | Unpaid; FMLA only |
| Malaysia | 98 days (14 weeks) | Employer-funded |
| Hong Kong | 14 weeks | 80% of average daily wages |
| China | 98 days (14 weeks) | Plus provincial extensions |
Longest entitlements
| Country | Duration | Notes |
|---|---|---|
| Japan | 52 weeks (combined) | 14 weeks maternity + 38 weeks parental |
| India | 26 weeks | For first two children |
| New Zealand | 26 weeks | Plus 26 weeks unpaid |
| South Korea | 13 weeks + parental leave | Up to 52 weeks combined |
Pay rates: what employees actually receive
The pay replacement rate in APAC ranges from 0% (US federal) to 100% (South Korea, India, China). The pay rate is often subject to a ceiling — the employee receives 100% of salary up to the social security or statutory maximum.
Highest pay replacement rates
| Country | Rate | Ceiling |
|---|---|---|
| South Korea | 100% | Social security ceiling |
| India | 100% | Employer-funded (no ceiling in most cases) |
| China | 100% | Social insurance ceiling |
| Australia | Minimum wage | National minimum wage cap |
| New Zealand | Average weekly earnings | Government maximum |
Lower pay replacement rates
| Country | Rate | Notes |
|---|---|---|
| United States | 0% (federal) | 23 states have paid programmes |
| Japan | 67% (maternity) / 50% (parental) | Social insurance ceiling |
| Hong Kong | 80% | Government reimbursement scheme |
| Singapore | 100% (mixed) | Government pays portion for small employers |
Funding models: who pays?
APAC countries use three main funding models:
1. Government-funded
The government funds the maternity leave through a social insurance programme or direct budget allocation. The employer facilitates the claim but does not fund the benefit.
Examples: Australia, New Zealand, Japan, South Korea.
2. Employer-funded
The employer pays the employee’s salary directly during the leave. There is no government social insurance fund to offset the cost.
Examples: India, Malaysia.
3. Mixed funding
The government funds a portion through social insurance, and the employer pays the remainder. Or the government provides a subsidy for small employers.
Examples: Singapore (government pays 5 weeks for employers with fewer than 10 employees), Hong Kong (employer pays with government reimbursement), China (social insurance pays with employer top-up for high earners).
The ILO standard in APAC
The ILO Convention 183 sets a minimum of 14 weeks at adequate pay. Most APAC countries meet or exceed this:
- Meet the minimum: Malaysia (14 weeks), Hong Kong (14 weeks).
- Exceed the minimum: Japan (52 weeks combined), India (26 weeks), New Zealand (26 weeks), Australia (38 weeks combined), South Korea (13 weeks plus parental leave), China (14-26 weeks with provincial extensions).
- Below the minimum (unpaid): United States (12 weeks unpaid).
Employer obligations across APAC
While the funding model varies, most APAC countries share these employer obligations:
- Job protection: The employee’s position (or equivalent) must be available on return.
- No dismissal: Dismissal during maternity leave is prohibited or heavily restricted.
- Benefits continuation: The employer must continue health insurance and other benefits during the leave.
- Notification: The employee must provide advance notice of the leave, and the employer must provide information about entitlements.
- Health and safety: The employer must maintain a safe working environment for employees on KIT days or returning from leave.
Practical guidance for APAC employers
- Map entitlements by country: Build a matrix of maternity leave duration, pay rate, and employer obligations for each APAC country where you have employees.
- Understand the funding model: Government-funded systems have lower direct employer cost; employer-funded systems require budgeting for the full salary during the leave.
- Track provincial/state extensions: In China and the US, the entitlement varies by province or state. Track the specific location of each employee.
- Monitor legislative changes: APAC maternity leave law is one of the fastest-changing areas of employment regulation. Review country policies at least annually.
- Use local counsel: APAC employment law varies significantly between countries. Engage local counsel in each jurisdiction.
For more country-specific guidance, see our individual country guides: Australia, New Zealand, Canada, US, California, New York, Hong Kong, China, Brazil, and our comparison guides for Europe and the Gulf.
Frequently asked questions
Which APAC country has the longest maternity leave?
Japan offers the longest entitlement at 52 weeks of combined maternity and parental leave. India and New Zealand both offer 26 weeks of paid leave.
Which APAC country has the highest pay rate?
South Korea, India, and China all offer 100% of salary (up to a ceiling) for the core maternity leave period. Japan offers 67% for the first 14 weeks.
Does the US have paid maternity leave?
Not at the federal level. The FMLA provides 12 weeks of unpaid leave. However, 23 states have enacted their own paid family leave programmes with pay rates ranging from 60-100% of wages.
How do government-funded systems work?
In government-funded systems (Australia, NZ, Japan, South Korea), the employee applies to a government agency (Services Australia, IRD, HelloWork), which pays the benefit directly. The employer facilitates the claim but does not fund the payment.
What is the biggest compliance risk for APAC employers?
Assuming that one country’s rules apply across the region. An employer that provides 12 weeks of leave based on US law will be in breach in every other APAC country. Each jurisdiction must be treated independently.
Putting it into practice
- Map the maternity leave entitlements for every APAC country where you have employees.
- Build country-specific policies that meet or exceed the local legal minimum.
- Use a centralised leave management system that tracks entitlements, pay, and job protection by country.
- Provide employees with clear, country-specific information about their entitlements and application processes.
- Review country policies at least annually to account for legislative changes.
A leave management system that applies APAC country-specific maternity leave rules, tracks pay rates and job protection by jurisdiction, and flags legislative changes across 10 economies keeps APAC employers compliant without maintaining separate spreadsheets for each country.
Sources
- ILO Convention 183 — Maternity Protection (primary source)
- OECD — Parental Leave Systems
- Country-specific labour legislation as cited in individual country guides
This article is general information, not legal advice. APAC maternity leave rules, pay rates, and employer obligations change annually — confirm current figures with the relevant government agency or local employment counsel in each jurisdiction.