Introduction to Maternity & Marriage Leave in China
If you are planning to invest in China and have your own business, you might eventually have to hire employees. The leave system is standard in China wherein each employer must follow when they have work staff.
There are currently, the official public holidays in China are seven every year. The holiday period detail needs to be adjusted yearly.
Also, there are holidays and memorial days that are specific to a particular group of people. These leaves are not mandatory, and the employer has the choice to withdraw or grant these leaves.
Leaves in China
Foreign companies are not required by the local government to give a marriage leave, but some still provide it. In case a foreign company offers a marriage leave, observance of the Chinese marriage leave requirement is excellent. Majority of the regions give ten days of marriage leave. The law does not allow a more extended marriage leave for the late marriages.
The female employee receives a maternity allowance that is based on the salary. In general, it is the Social Security Bureau, where she is registered will pay if she has maternity insurance. When it comes to determining what the maternity allowance is, the Social Security Bureau looks at the monthly salary of the employee and their average wage monthly over the last 12 months.
The Bureau will pay the higher amount, but it is not more than three times the Bureau’s jurisdiction average salary. In different parts of China like Shanghai and Beijing, any amount that is more than three times more than the local average must come from the employer.
The female employee can use her maternity leave for prenatal examination appointment, breastfeeding, childbirth, late pregnancy, and delivery. The rules can be applied to the first and second child, no matter what age. The administration benefits team needs to be knowledgeable about the policies and regulations that are changing.
Extensions for Maternity Leave
The maternity leave can have an extension of up to 15 days if there are exceptional circumstances. The employee can submit a request to their employer to extend her maternity leave. The employer has the right to refuse. In case the employee is discovered by local authorities to have a good reason why her maternity leave must extend, but her request was denied, the employer might be penalized.
The time a male employee mainly takes paternity leave mostly depends on the registered social security of the employee. Generally, the statutory paternity leave in China is not more than 14 days. For instance, a male employee can have ten days of paternity leave in Shanghai if it is late childbirth, which is seven days more than the old rule. In Shenzhen, the male employee enjoys a paternity leave of 15 days in case his wife is older than 23.
The employee can take one to three days of funeral leave in case an immediate relative passes away.
Family Visit Leave
The family visit leave can be given if the employee does not live with their immediate family. The leave days can be up to 30 days a year for visiting their spouse. The visit to parents is up to 20 days a year, and a maximum of 20 days every four years for married employees.
If you want to set up a business in China, you must understand the leaves; you must give your employees.