Q：
|
How many days are there for maternity leave in Shanghai?
|
|
A：
|
The legal maternity leave is 98 days, and the fertility incentive leave in Shanghai is 30 days. The dystocia can be increased by another 15 days, and for every extra birth, the maternity leave can be increased by 15 days. Fertility leave should generally be combined with maternity leave for continuous use and postponed on legal holidays.
|
Q：
|
Whether the enterprise must approve prenatal leave?
|
A：
|
During the 98-day statutory maternity leave, you can take 15 days off before giving birth. In case of work permit, the employee may take leave for two and a half month before the birth if her vacation request is approved by the enterprise. Proven by medical institutions above level 2 with a history of habitual abortion, severe pregnancy syndrome, pregnancy comorbidities, etc. that may affect normal fertility, if the employee apply for leave, the enterprise should approve it.
|
Q：
|
What are the regulations on abortion leave in Shanghai?
|
A：
|
If it belongs to a planned birth, a female employee who has a miscarriage before 4 months of pregnancy will be entitled to 15 days of maternity leave; a miscarriage after 4 months of pregnancy will be entitled to 42 days of maternity leave.
|
Q：
|
During the probation period, can the enterprise terminate the labor contract for the “three phases” of female employees?
|
A：
|
The enterprises shall not terminate their labor contracts with female employees due to pregnancy, childbirth, or breastfeeding. Even during the probation period, it cannot be used as a reason to terminate the labor contract. At the same time, it cannot reduce its wages.
|
Q：
|
Are there any regulations on maternity leave for female employees?
|
A：
|
According to Article 6 of the “Special Provisions on Labor Protection for Female Employees”, pregnant female employees are required to perform antenatal inspection during working hours and the time required is included in working hours.
|
Q：
|
How to regulate the time of postpartum breastfeeding leave for female employees?
|
A：
|
For female employees who are breastfeeding babies under 1 year old, the enterprise shall not extend working hours or arrange night shift work. Enterprises should arrange a one-hour breastfeeding time for female employees who are not breastfeeding during the working hours of each day; for those who have multiple births, each additional baby will increase the breastfeeding time by one hour per day.
|
Q：
|
Do companies need to pay wages during maternity leave?
|
A：
|
Female employees who meet the conditions for receiving maternity insurance benefits can go to the nearest social security branch center to apply for the procedures after production, and their units no longer pay maternity leave wages. If the maternity subsidy enjoyed by female employees is lower than the salary standard before maternity leave, the unit shall make up for it.
|
FAQ
