Is China Ready for New Maternity Leave Rules (Excerpts)

• Author: Stan

A draft set of labor rules that includes maternity leave and related benefits was issued this week, but it remains unclear whether these new requirements will be followed by China’s employers.

The new proposal puts forth several alterations to the current system, the most notable being an extension of maternity leave from 90 days (introduced in 1988) to 98 days.

Other measures include: two- to six-week work leave for women who miscarriage; clauses to prevent employers from extending the work hours of pregnant women; restrictions on jobs that require intense physical labor; financial support for medical fees, either via the maternity insurance fund or – if the employer hasn’t opted into this program – the employer’s own pocket.

The changes could be characterized as incremental, but certainly positive, and would harmonize Chinese law in this area with standards adopted by the International Labor Organization (ILO).

China is among 173 countries that provide paid maternity leave, according to a 2011 United Nations report. Hong Kong allows for 70 days, India 84 days, Japan 98 days, and the U.K. 273 days. Sweden tops the global chart with 480 days of paid...