1. Maternity Leave
   
   China's statutory maternity leave is 98 days. Female employees may enjoy extra maternity incentive leave in additional to the statutory maternity leave in accordance with local policies and regulations. For example, the extra maternity incentive leave in Beijing and Shanghai is 60 days, while it is 80 days in Guangdong Province. The regular maternity leave available in the three places are as follows:
   
   

   (1)	Beijing: 98+60=158 days
   (2)	Shanghai: 98+60=158 days
   (3)	Guangdong Province: 98+80=178 days

   
   In case of dystocia, the maternity leave shall be extended by 30 days. In cases of multiple births, the maternity leave shall be extended by 15 days for each additional newborn.
   
   
2. Paternity Leave
   
   China does not have unified legislation for paternity leave. The length of paternity leave is stipulated by each province or municipality. For example, fathers in Beijing can enjoy a 15-day paternity leave, fathers in Shanghai can enjoy a 10-day paternity leave, and fathers in Guangdong Province can enjoy a 15-day paternity leave.
   
   
3. Maternity Leave for Miscarriage
   
   Female employees who have a miscarriage before the fourth month of pregnancy shall be granted a 15-day maternity leave and female employees who have a miscarriage in or after the fourth month of pregnancy shall be granted a 42-day maternity leave.
   
   
4. Terminating an Employee during her Pregnancy, Maternity Leave or Nursing Period
   
   Chinese law generally prohibits employers from unilaterally terminating the employment contract of an employee during her pregnancy, maternity leave, or nursing period (which lasts until the infant is one year old). The only exception to this is that the employee may be unilaterally terminated due to the employee’s wrongdoing.
   
   According to the Employment Contract Law of the PRC, unilateral termination is possible under one of the following circumstances:
   
   

   (1)	The employee does not satisfy the requirements for employment during the probation period.
   (2)	The employee materially breaches the employer's rules and regulations.
   (3)	The employee commits a serious dereliction of duty or practices graft, causing substantial damage to the employer.
   (4)	The employee has established an employment relationship with another employer that materially impacts completion of her tasks with her existing employer, or she refuses to terminate her employment relationship with the other employer after being required to do so by her existing employer.
   (5)	The employee uses deception or coercion, or takes advantage of the employer's difficulties, to cause the employer to conclude the employment contract, or to make an amendment thereto, that is contrary to the employer's true intent.
   (6)	The employee has criminal liability imposed against her.

   
   The Chinese law also prohibits an employer from ending the employment contract during pregnancy, maternity leave, or nursing period. If employment contract expires during the forgoing periods, the term of the employment contract be extended until the end of the nursing period of the female employee.
   
   
5. Special Treatment for Pregnant and Nursing Employees
   
   The employer shall provide special treatment to pregnant and nursing employees, for example:
   
   

   (1)	Where a female employee is no longer competent at her original labor during the pregnancy period, the employer shall, based on the certificate of a medical institution, reduce the volume of labor or arrange other labor that she is competent at.
   (2)	The employer shall not prolong labor hours or arrange night-shift labor for female employees in or after the seventh month of pregnancy and shall give certain rest time during their labor hours.
   (3)	The employer shall not arrange overtime or night shifts for female employees who are nursing.
   (4)	The employer must provide at least one hour per day during normal working hours for female employees who are nursing. This special treatment shall last until the infant is one year old. Female employees who birthed more than one infant get an additional hour per day for nursing for each additional infant.

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