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State Council in Principle Approves Rules on Special Labor Protection for Female Employees

The Provisions on Special Labor Protection for Female Employees (Exposure Draft) has been reviewed and approved in principle at an executive meeting of the State Council. The Exposure Draft has revised the scope of the tasks that are prohibited from being assigned to female employees and also increases the number of days of maternity leave from 90 days to 98 days (14 weeks) as well as specifying the benefits for maternity leave:

1) Based on the regulations of International Labor Organization Convention, the maternity leave has been increased from 90 days to 98 days (14 weeks)

2) Based on the original relevant regulations of the labor department, it is specified if the female employee aborts by pregnancy less than 4 months, the maternity leave shall be no less than 2 weeks. If the female employee aborts by pregnancy more than 4 months, the maternity leave shall be no less than 6 weeks.

3) In order to connect with the Social Insurance Law, according to the Trial Measures of Employee Maternity Insurance, it is specified for the childbearing or abortion of female employee, the salary or the maternity allowance and medical fees for childbearing and abortion shall be paid by the foundation of maternity insurance in case the employer has paid the maternity insurance; otherwise the above mentioned fees shall be paid the employer.


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