Shanghai Implementing the Special Provisions on Labor Protection for Female Employees

Notice of Shanghai Municipal People's Government on the Provisions on Implementing the Special Provisions on Labor Protection for Female Employees and Regulating the Childbearing Insurance Benefits for Female Employees of This Municipality

(January 19, 2013)

SMPG G [2013] No. 5

Attention: all District/County People's Governments, and all relevant Commissions, Offices and Bureaus (Administrations) of the Municipal People's Government:

With a view to implementing the Special Provisions on Labor Protection for Female Employees (Decree No. 619 of the State Council in 2012) promulgated by the State Council, the notice on relevant provisions on regulating the childbearing insurance benefits for female employees of this Municipality is set forth as follows:

I. On the duration of the maternity leave for female employees of this Municipality

1. A female employee of this Municipality may enjoy a 98-day maternity leave, including a 15-day leave prior to the childbirth; she may enjoy an additional 15-day maternity leave if she has a difficult delivery; she who brings forth more than one child at a birth may enjoy an additional 15-day maternity leave for each additional child she brings forth; she may enjoy an additional 30-day maternity leave if she meets the conditions for late childbearing under the family planning policy.

2. A female employee of this Municipality may enjoy a 15-day maternity leave if she undergoes an abortion after being pregnant for less than four months, and may enjoy a 42-day maternity leave if she undergoes an abortion after being pregnant for four months or longer.

II. On the benefits for female employees of this Municipality during their maternity leave

If a female employee of this Municipality undergoes childbirth or an abortion complying with the provisions on family planning, she may enjoy the childbearing living allowances according to the following provisions:

1. If a female employee who participates in the urban childbearing insurance of this Municipality undergoes childbirth or an abortion, her childbearing living allowance is the previous-year average monthly salary of the employees in her employer unit, divided by 30, and then multiplied by the number of the maternity-leave days she enjoys, and the allowance needed shall be paid by the urban childbearing insurance fund of this Municipality.

2. If the childbearing living allowance enjoyed by a female employee of this Municipality is lower than her wage standard prior to her maternity leave, Clause 1 of Article 27 of the Law of the People's Republic of China on Ensuring Women's Rights and Interests and Article 5 of the Special Provisions on Labor Protection for Female Employees shall apply.

3. If a female employee who fails to participate in the urban childbearing insurance of this Municipality undergoes childbirth or an abortion, her childbearing living allowance shall be calculated and granted according to her wage standard prior to her maternity leave and the number of the maternity-leave days she enjoys, and the allowance needed shall be paid by her employer unit.

This Notice shall be effective as of the date of printing and distribution until December 31, 2017.

The childbearing insurance benefits for a female employee of this Municipality who undergoes childbirth or an abortion after the implementation of the Special Provisions on Labor Protection for Female Employees starting on April 28, 2012 shall be carried out with reference to this Notice.