Maternity leave in China provides a national minimum of 98 days of paid leave under the Social Insurance Law, with provincial and municipal governments adding extensions of 30 to 90 days on top of the national baseline. The total entitlement varies significantly by location — an employee in Shanghai receives a different total than one in Guangdong. The leave is funded through the national maternity insurance programme, which the employer participates in. The provincial variation makes China one of the most complex jurisdictions for maternity leave compliance.
This guide covers the Chinese maternity leave system in 2026: the national 98-day baseline, the provincial extensions, eligibility requirements, the maternity insurance system, and employer obligations across major provinces.
Key takeaways
- The national baseline is 98 days of paid maternity leave under the Social Insurance Law, Article 56.
- Provincial governments add 30-90 extra days on top of the national baseline, creating a total range of 128-188 days depending on location.
- The leave is funded through the maternity insurance programme — the employer and employee both contribute, and the insurance pays the benefit.
- An additional 15 days may be added for difficult births, and additional leave may be granted for multiple births.
- Paternity leave is also provided at the provincial level, typically 15-30 days.
The national baseline: 98 days
The Social Insurance Law, Article 56 establishes the national minimum:
- Duration: 98 consecutive calendar days, including weekends and public holidays.
- Payment: Full salary during the leave, paid through the maternity insurance programme.
- Start date: The leave can begin 15 days before the expected date of confinement.
- End date: The leave ends 98 days after it begins (adjusted if the birth occurs earlier or later than expected).
The 98 days include:
- 15 days before birth (optional)
- 83 days after birth
If the actual date of birth differs from the expected date, the leave adjusts accordingly. For example, if the baby is born 5 days early, the post-birth leave starts from the actual birth date, not the expected date.
Provincial extensions
The real complexity of China’s maternity leave system lies in the provincial extensions. Each province and municipality has enacted its own regulations adding days on top of the national 98-day baseline:
| Province / Municipality | Total Days | Key Details |
|---|---|---|
| Beijing | 158 days | 98 + 60 days |
| Shanghai | 158 days | 98 + 60 days |
| Guangdong | 178 days | 98 + 80 days |
| Zhejiang | 188 days | 98 + 90 days |
| Jiangsu | 158 days | 98 + 60 days |
| Sichuan | 158 days | 98 + 60 days |
| Hubei | 158 days | 98 + 60 days |
| Fujian | 158-180 days | 98 + 60-82 days (varies by local regulation) |
| Henan | 190 days | 98 + 92 days |
| Hainan | 190 days | 98 + 92 days |
This table is not exhaustive — provincial regulations change frequently, and some cities within provinces have additional local rules. The key takeaway is that the total entitlement depends on where the employee is employed, not where they live.
Difficult births and multiple children
The Social Insurance Law and provincial regulations provide additional leave:
- Difficult birth: An additional 15 days of leave.
- Multiple births: Additional leave for each child beyond the first (typically 15 days per additional child, though this varies by province).
- Miscarriage or stillbirth: Additional leave of 42 days for pregnancies under 4 months, or 98 days for pregnancies over 4 months.
The maternity insurance programme
China’s maternity leave is funded through the maternity insurance programme (生育保险), which is part of the national social insurance system. Key features:
- Contributions: Both the employer and the employee contribute. The employer typically pays 0.5-1% of the employee’s salary; the employee does not contribute in most provinces (though this varies).
- Benefits: The insurance pays the employee’s salary during the maternity leave period, up to a ceiling.
- Employer top-up: If the employee’s salary exceeds the insurance ceiling, the employer may be required to pay the difference, depending on provincial rules.
The maternity insurance programme means the employer’s direct cost is primarily the contribution — the insurance pays the benefit. However, employers with high-salary employees may face top-up obligations.
Employer obligations
Chinese employers must comply with several requirements:
- Register for maternity insurance: The employer must register the employee for the maternity insurance programme and make timely contributions.
- Grant the leave: The employer must grant the full maternity leave (national baseline plus provincial extension).
- No dismissal: The employer cannot dismiss the employee during the pregnancy, maternity leave, or the statutory post-birth protection period (typically 1 year after birth).
- Provide supporting documents: The employer must assist the employee with the maternity insurance claim by providing employment verification and other documentation.
- Continue social insurance: The employer must continue to pay social insurance contributions during the maternity leave period.
The post-birth protection period
Under the Law on the Protection of Women’s Rights and Interests, the employer cannot dismiss the employee during:
- The pregnancy period.
- The maternity leave period.
- The one-year period after the birth (the post-birth protection period).
During the post-birth protection period, the employee’s salary may be reduced if they are not performing their duties, but the employment relationship cannot be terminated except for serious misconduct.
Calculating maternity leave pay
The calculation depends on whether the employee is covered by the maternity insurance programme:
If covered by maternity insurance:
- The insurance pays the benefit, typically based on the employee’s average salary over the 12 months before the leave.
- The employer pays any top-up if the employee’s salary exceeds the insurance ceiling.
If not covered by maternity insurance (for example, new employees):
- The employer pays the full salary during the leave.
Example: Wei is a marketing manager in Shanghai earning ¥15,000/month. The maternity insurance ceiling in Shanghai is ¥12,000/month.
| Component | Value |
|---|---|
| Insurance payment | ¥12,000/month (ceiling) |
| Employer top-up | ¥3,000/month (difference) |
| Total duration | 158 days (98 + 60) |
| Total employer cost | ¥3,000 × ~5.3 months ≈ ¥15,900 |
Common pitfalls for China employers
1. Not registering for maternity insurance
Employers who fail to register employees for the maternity insurance programme must pay the full maternity leave cost themselves, without the insurance offset.
2. Dismissing during the protection period
Dismissing an employee during pregnancy, maternity leave, or the one-year post-birth protection period is prohibited except for serious misconduct. This catches employers who attempt to restructure roles during the employee’s absence.
3. Not granting the full provincial extension
The provincial extension is mandatory. Granting only the 98-day national baseline without the provincial extension is a breach of local regulations.
4. Miscalculating the insurance ceiling
The maternity insurance ceiling varies by province and is updated annually. Using the wrong ceiling means the employer either over- or under-pays the top-up.
For more China leave context, see our guide to annual leave entitlements in China and the overview of the main types of leave employers manage.
Frequently asked questions
How long is maternity leave in China?
The national minimum is 98 days. Provincial governments add 30-90 extra days, creating a total range of 128-188 days depending on the province. An additional 15 days may be added for difficult births.
Who pays for maternity leave in China?
The maternity insurance programme pays the benefit. The employer and employee both contribute to the programme. If the employee’s salary exceeds the insurance ceiling, the employer may need to top up the difference.
Is there a minimum service requirement?
No. All employees are entitled to maternity leave regardless of length of service, as long as they are registered for the maternity insurance programme.
Can the employer dismiss me during maternity leave?
No. The employer cannot dismiss the employee during pregnancy, maternity leave, or the one-year post-birth protection period, except for serious misconduct.
What about paternity leave?
Provincial regulations provide paternity leave, typically 15-30 days. The specific entitlement depends on the province where the employee is employed.
Putting it into practice
Five steps cover most Chinese maternity leave compliance:
- Register the employee for the maternity insurance programme and make timely contributions.
- Confirm the provincial extension that applies to the employee’s work location.
- Calculate the insurance ceiling and any employer top-up obligation.
- Grant the full maternity leave (national baseline plus provincial extension) without reduction.
- Maintain the employment relationship and social insurance contributions during the leave and the one-year post-birth protection period.
A leave management system that applies province-specific extensions, calculates maternity insurance ceilings and employer top-ups, and holds the one-year post-birth protection period on the employee record keeps China employers compliant across jurisdictions.
Sources
- Social Insurance Law, Article 56 (primary source)
- Law on the Protection of Women’s Rights and Interests
- Ministry of Human Resources and Social Security — Maternity Insurance Regulations
This article is general information, not legal advice. Chinese maternity leave rules and provincial extensions change frequently — confirm current figures with the local Human Resources and Social Security Bureau.