News
Regulations on maternity leave for late marriage and late childbearing in 2022
Time:2025-08-28 Views:1906
What are the regulations on maternity leave for late marriage and late childbearing in 2022? According to the Labor Law and the Regulations on the Protection of Female Employees' Labor Rights issued by The State Council, all female employees of any employer are entitled to maternity leave, which lasts for 90 days, including 15 days of pre-natal leave. For those with difficult labor, an additional 15 days of maternity leave will be granted... The following is a detailed introduction for you.
The leave regulations for 2022 are as follows:
Maternity leave for female employees shall be implemented in accordance with the following circumstances respectively
First, for those who give birth naturally to a single child, a maternity leave of 98 days is granted, including 15 days of rest before delivery and 83 days of rest after delivery.
Second, for those with difficult labor, an additional fifteen days of maternity leave will be granted. For those who give birth to multiple babies, an additional 15 days of maternity leave will be granted for each additional baby.
98 days of maternity leave
Female employees are entitled to no less than 98 days of maternity leave, including 15 days of pre-maternity leave. A married woman who gives birth to her first child at the age of 24 or above is considered to have given birth late. For those who have given birth late, an additional 30 days of maternity leave will be granted. For difficult labor (such as cesarean section or normal delivery surgeries using uterine suction devices or forceps during labor), an additional 15 days of maternity leave will be granted. For multiple births, an additional 15 days of maternity leave will be granted for each additional baby.
Female employees who produce normally in accordance with national regulations have the right to enjoy maternity leave and breastfeeding leave, which should be regarded as normal attendance. No unit or individual may withhold their wages, benefits, subsidies or attendance bonuses. This does not affect their promotion, salary adjustment or the calculation of their length of service. On the contrary, it violates the national labor Law and infringes upon the legitimate rights and interests of female employees. They can report to the relevant departments and apply for labor arbitration.
Regarding the salary and benefits during maternity leave, if the enterprise has not participated in the social pooling of maternity insurance, the salary of female employees during maternity leave should be paid by the enterprise. The "Regulations on the Labor Protection of Female Employees" stipulates that the basic salary of female employees shall not be reduced during their pregnancy, maternity leave or lactation period. If an enterprise participates in the maternity insurance established by the local labor security department and pays the maternity insurance premiums on time and in full, according to the "Trial Measures for Maternity Insurance for Enterprise Employees" (Labor Department Document No. 504 [1994]), during the maternity leave of female employees, the social insurance agency shall issue maternity allowances, and the standard is the average monthly salary of the employees of the enterprise in the previous year.
In addition to the maternity leave uniformly stipulated by the state, the family planning regulations issued by each province, autonomous region and municipality directly under the Central Government generally stipulate bonus maternity leave, and the duration of the bonus maternity leave varies from place to place. According to the "Regulations on Population and Family Planning of Shandong Province", a married woman who gives birth to her first child at the age of 23 is considered to have given birth late. If the woman gives birth at a later age, in addition to the maternity leave stipulated by the state, an additional 60 days of maternity leave shall be granted to the man, and he shall be granted 7 days of care leave. The additional marriage leave, maternity leave and care leave will be regarded as attendance. The salary will be paid as usual and the welfare benefits will remain unchanged.
In addition, according to the "Regulations on the Labor Protection of Female Employees" issued by The State Council, pregnant female employees who undergo prenatal examinations during working hours shall be counted as working hours. Former Ministry of Labor<女职工劳动保护规定>The "Question and Answer" (Lao An Zi [1989] No. 1) further clearly stipulates that in order to protect the health of pregnant women and their fetuses, prenatal examinations should be conducted as required by the health department. Prenatal check-ups for female employees should be treated as attendance and not as sick leave, personal leave or absenteeism. For female workers on the production front line, the production quota should be reduced accordingly to ensure the time for prenatal check-ups.
The definition of maternity leave
Maternity leave refers to the leave benefits for working women before and after their maternity leave. Generally, it lasts from half a month before delivery to two and a half months after delivery. For those who marry and have children later, it can be extended to four months. Female employees are entitled to no less than 90 days of maternity leave when giving birth. On November 21, 2011, the Legislative Affairs Office of The State Council released the full text of the "Regulations on the Special Labor Protection of Female Employees (Draft for Public Comment)", proposing to increase maternity leave from 90 days to 14 weeks, with medical expenses for childbirth and abortion to be paid by the employer. On April 18, 2012, The State Council's executive meeting deliberated and approved in principle the "Special Provisions on the Protection of Female Employees' Labor Rights (Draft)". The draft extends the maternity leave that female employees are entitled to from 90 days to 98 days and standardizes the relevant benefits.
Maternity leave classification
Lactation time and breastfeeding leave
After giving birth, female employees should take care of their infants within one year of their birth and breastfeed them twice during each working shift (including artificial feeding). Each single breastfeeding session lasts for 30 minutes, and The Times of two breastfeeding sessions can also be combined. For those who give birth to multiple babies, the duration of each breastfeeding session increases by 30 minutes for each additional child. If a female employee has difficulties after giving birth and the work permit is granted. Upon application by the individual and approval by the unit, it can be regarded as a six-month breastfeeding leave. (Article 16 of the Shanghai Measures for the Protection of Female Employees' Labor Rights) Late childbearing leave and late childbearing care leave shall be extended if they fall on legal holidays.
Maternity leave of 98 days includes weekends and national holidays.
The 30-day late childbearing leave includes weekends but excludes national holidays.
A vacation that must be enjoyed
Maternity leave:
98 days +30 days (late childbearing)+15 days (difficult labor)+15 days (for each additional baby born in multiple births)
(2) Prenatal examination:
Prenatal examinations (including the initial check-ups within the first twelve weeks of pregnancy) conducted by female employees during the agreed working hours at medical and health care institutions during pregnancy should be counted as working hours. Some enterprises count the time that pregnant female employees spend on prenatal check-ups during working hours as sick leave, absence, etc., infringing upon the legitimate rights and interests of female employees.
(3) Prenatal break:
For women over seven months pregnant, they should take a one-hour break during work every day and must not be assigned night shifts.
(4) Lactation time:
For infants under one year old, there are two breastfeeding sessions per day, each lasting 30 minutes. These sessions can also be combined.
How many days of maternity leave are there for late marriage and late childbearing in 2022
Prenatal leave
If a woman is more than seven months pregnant and her work permits, with her own application and the approval of her employer, she may take two and a half months of prenatal leave. In cases where leave must be granted as stipulated by local regulations, the employer should approve the leave. For instance, Shanghai stipulates that "if a person is certified by a medical and health care institution at or above the secondary level to have a history of habitual miscarriage, severe pregnancy syndrome, pregnancy complications or other conditions that may affect normal fertility, upon application by the individual, the employer shall approve their prenatal leave."
Breastfeeding leave
After a female employee gives birth, if she encounters difficulties and her work permits, she may apply for a six-month breastfeeding leave upon approval by her employer.
Pregnancy protection leave
The doctor issues a certificate, and it is treated as sick leave.
Documents required for maternity leave
Id card, marriage certificate, birth permit, birth certificate and only child certificate (the full name of the only child certificate is the Honor Certificate for Parents of Only children, for couples who voluntarily have only one child for life), starting from May 1, 2009, in addition to enjoying the maternity leave stipulated by the state, an additional 35 days of maternity leave will be granted.
According to the Labor Law and the Regulations on the Protection of Female Employees' Labor Rights issued by The State Council, all female employees of any employer are entitled to maternity leave, which lasts for 90 days, including 15 days of pre-natal leave. For those with difficult labor, an additional 15 days of maternity leave will be granted. For multiple births, an additional 15 days of maternity leave will be granted for each additional baby. If a female employee has a miscarriage during pregnancy, her employer shall, based on a certificate from the medical department, grant her a certain period of maternity leave. When a female employee has a miscarriage before four months of pregnancy, she shall be granted maternity leave of 15 to 30 days. Those who have a miscarriage after four months of pregnancy are granted 42 days of maternity leave. Sichuan Faneng Law Firm is dedicated to serving you.