China’s parental leave system is one of the most fragmented in the world. The national framework sets a baseline — 98 days of maternity leave — but every province, municipality, and autonomous region has extended that baseline by different amounts. The result is a patchwork where an employee in Beijing gets 30 days of paternity leave while an employee in another province might get 15 days, and maternity leave ranges from 128 to 365 days depending on location.
This guide covers Chinese parental leave in 2026: the national baseline, provincial extensions, paternity leave variations, employer obligations, and how to manage compliance across multiple Chinese jurisdictions.
Key takeaways
- The national baseline for maternity leave is 98 days under the Labour Law and Special Rules on Labour Protection of Female Employees.
- Every province has extended maternity leave beyond the 98-day baseline, typically by 30 to 90 additional days — for a total of 128 to 188 days in most regions.
- Paternity leave (also called “paternity nursing leave” or 陪产假) varies from 7 to 30 days depending on the province.
- There is no unified national system for employer reimbursement — employers pay directly, with some provinces offering partial subsidies.
- Employers must manage leave compliance at the local level — national rules alone are insufficient.
The national baseline
The Labour Law of the People’s Republic of China and the Special Rules on Labour Protection of Female Employees establish the minimum maternity leave entitlement:
| Detail | National baseline |
|---|---|
| Maternity leave | 98 days (including 15 days before expected delivery) |
| Pay during leave | Full salary, paid by employer |
| Early delivery | Leave starts immediately |
| Multiple birth | +15 days per additional child |
| Stillbirth or miscarriage | 42 days (early pregnancy) / 98 days (late pregnancy) |
This is the floor. Every province has added additional days on top of this baseline.
Provincial maternity leave extensions
Each province has extended maternity leave through local population and family planning regulations. The extensions are significant and vary widely:
| Province/Municipality | Additional days | Total maternity leave |
|---|---|---|
| Beijing | 30 | 128 |
| Shanghai | 60 | 158 |
| Guangdong | 80 | 178 |
| Zhejiang | 90 | 188 |
| Sichuan | 60 | 158 |
| Hubei | 60 | 158 |
| Jiangsu | 60 | 158 |
| Shandong | 60 | 158 |
| Chongqing | 80 | 178 |
| Tianjin | 60 | 158 |
| Fujian | 60–90 | 158–188 |
| Yunnan | 60 | 158 |
| Gansu | 90 | 188 |
| Hainan | 90 | 188 |
These figures are subject to change as provinces update their regulations. Always verify the current entitlement with the local Human Resources and Social Security Bureau (HRSSB).
Example: An employee in Shanghai takes maternity leave. The national baseline provides 98 days. Shanghai adds 60 days. Total: 158 days (approximately 5.3 months) at full salary, paid entirely by the employer.
Paternity leave by province
Paternity leave (陪产假) is granted by provincial regulation, not national law. The duration varies dramatically:
| Province/Municipality | Paternity leave |
|---|---|
| Beijing | 15 |
| Shanghai | 10 |
| Guangdong | 15 |
| Zhejiang | 15 |
| Sichuan | 20 |
| Hubei | 15 |
| Jiangsu | 15 |
| Shandong | 7 |
| Chongqing | 20 |
| Tianjin | 15 |
| Fujian | 15 |
| Yunnan | 30 |
| Gansu | 30 |
| Hainan | 15 |
The trend is toward longer paternity leave — several provinces have extended from 15 to 20 or 30 days in recent years. This reflects the national policy push to encourage shared parenting and boost the birth rate.
Pay during parental leave
At the national level, the employer is required to pay the employee’s full salary during maternity leave. There is no government reimbursement mechanism at the national level — the employer bears the full cost.
However, some provinces have introduced partial subsidy schemes:
- Beijing: The employer pays full salary; no government subsidy.
- Shanghai: The employer pays full salary; Social Insurance Fund may reimburse a portion.
- Guangdong: The employer pays full salary; some local subsidies available for small businesses.
In practice, most employers pay the full salary during maternity leave and absorb the cost. The absence of a unified reimbursement system is a significant cost factor for companies operating in multiple provinces.
Employer obligations
Chinese employers have specific obligations under national and provincial law:
- Grant leave. Employers must provide the full maternity and paternity leave entitlement as specified by national and local law. Refusal is a violation of the Labour Law.
- Pay full salary. Employers must pay the employee’s full salary during maternity leave. Deducting pay, bonuses, or benefits during the leave is prohibited.
- No termination. Employers cannot terminate an employee during pregnancy, maternity leave, or the breastfeeding period (1 year after birth). Termination during this period is presumed retaliatory.
- Job protection. The employee’s position (or an equivalent one) must be available on return. Employers cannot reassign or demote an employee for taking leave.
- Breastfeeding leave. During the 1-year breastfeeding period after birth, the employee is entitled to 1 hour of breastfeeding time per work day (2 hours for twins or more). This is in addition to regular break time.
The one-child policy legacy and the three-child policy
China’s parental leave framework has evolved dramatically. The one-child policy (1979–2015) limited family size and imposed penalties for additional births. The two-child policy (2016) removed that restriction. The three-child policy (2021) further encouraged larger families.
With each policy shift, provinces have extended leave entitlements to incentivise higher birth rates. The trend is clear: leave is getting longer, and employers are bearing more of the cost.
Common employer pitfalls
1. Applying only the national baseline
The 98-day national baseline is the minimum. Every province has extended it. Applying only the national rule leaves employees underpaid and the employer exposed to complaints.
2. Not tracking provincial variations
An employer with offices in Beijing and Shanghai must manage two different leave regimes. A single national policy does not work.
3. Deducting bonuses or benefits during leave
Maternity leave pay is based on the employee’s full salary. Deducting performance bonuses, allowances, or other regular compensation during the leave period is a violation.
4. Terminating during the breastfeeding period
The 1-year breastfeeding period after birth provides additional protection. Terminating an employee during this period — even for performance reasons — is extremely risky legally.
5. Ignoring the breastfeeding time entitlement
One hour per day for single births, two hours for multiples, is a statutory right. Denying it is a breach of the Special Rules on Labour Protection of Female Employees.
Putting it into practice
Five steps keep Chinese parental leave compliant:
- Map every office to its provincial leave regulations — maternity leave, paternity leave, and breastfeeding provisions.
- Build a leave management system that applies the correct provincial entitlements based on the employee’s registered workplace.
- Budget for full salary payments during leave, as there is no reliable national reimbursement mechanism.
- Track the breastfeeding period separately from maternity leave — it extends protection for 12 months after birth.
- Review provincial regulations annually, as extensions are common and take effect without much notice.
Leave Balance handles the full parental leave lifecycle for Chinese teams — from initial request through provincial-specific entitlement calculations, salary tracking, breastfeeding time management, and return-to-work planning. Built for the complexity of China’s fragmented leave landscape, designed for teams that want to stay compliant across every office.
Sources
- Labour Law of the People’s Republic of China (primary source)
- Special Rules on Labour Protection of Female Employees
- National Health Commission — Three-child policy guidelines
Last updated: 26 July 2026. This article is general guidance, not legal advice. Provincial leave regulations change frequently — confirm current entitlements with the local Human Resources and Social Security Bureau.