Prenatal leave: Eligibility and pay

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Nancy, a quality inspection supervisor at a chemical enterprise, is pregnant with her second child. Last month, after feeling unwell, she sought medical examination and was advised by her doctor to rest in bed.

Given her demanding work schedule, her age and physical condition, along with the fact that she is now in her seventh month of pregnancy, Nancy is considering applying for prenatal leave. However, she is unsure whether she meets the relevant criteria and how her salary will be calculated during this period.

What is prenatal leave?

Prenatal leave is a statutory benefit for female employees in China. In general, a female employee who is more than seven months pregnant and meets one of the following conditions is entitled to two and a half months of prenatal leave:

1.The employee applies for the leave, and the employer approves it based on work arrangements.

2.A medical institution at or above the secondary level certifies that the employee has conditions that may affect normal childbirth, such as a history of habitual miscarriage, severe pregnancy syndromes, or pregnancy complications, and the employee applies for the leave.

In Nancy's case, she meets the basic eligibility requirement to apply for prenatal leave. Her application for leave may be granted based on her physical condition.

How is salary paid during prenatal leave?

For an employee taking prenatal leave after seven months of pregnancy, the salary during the leave period should be paid at 80 percent of the employee's regular wage. This amount must not be lower than the local minimum wage standard.

In addition, for female employees who are more than seven months pregnant and continue working with medical approval, the employer must provide one hour of rest during the workday each day, and the employee must be paid her regular wage for the time worked.

 

Source: Official WeChat account of the Shanghai Municipal Bureau of Human Resources and Social Security (ID: "shrsjwx")

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