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Article | Global News Briefs

China: New employer-paid childcare leave entitlements

By Fiona Huang and Christine Huang | February 28, 2022

Provincial and municipal governments throughout China are extending parental and childcare leave to encourage more births.
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Employer Action Code: Act

Since the central government’s policy shift on family planning announced in 2021 that allows married couples to have up to three children, various provincial and municipal governments (e.g., Beijing and Shanghai) have increased maternity and paternity leave and introduced new employer-paid childcare leave entitlements (see our December 2021 Global News Brief: Beijing and Shanghai extend maternity leave by 30 days; parental leave entitlement introduced). The latter change, the introduction of childcare leave, has spread quite rapidly across China.

The table below briefly summarizes the employer-paid leave entitlements, in terms of numbers of workdays per year for parents of children under age three (unless otherwise noted), that have been created or proposed over the past six months by provincial and municipal governments. In general, entitlement to leave and subsequent annual renewals of the entitlement are linked to the child’s date of birth (rather than being annual accruals based on a calendar or leave year) and cannot be carried forward if unused at the end of the year. Leave entitlements are also per child and per parent. The most common duration is 10 workdays. A few jurisdictions have established even fuller entitlements, such as Chongqing, which offers the option for one parent to take leave (after maternity or paternity leave expires and subject to employer approval) until the child reaches age one, with salary payable at no less than 75% of monthly base pay or the statutory minimum wage, whichever is higher.

Key details

Summary of the employer-paid leave entitlements
Workdays Region Effective date
5 Beijing November 26, 2021
Chongqing November 25, 2021 (for children under age six)
Shanghai November 25, 2021
10 Anhui January 1, 2022 (for children under age six)
Guangdong December 1, 2021
Guangxi Proposal
Guizhou October 1, 2021
Hainan December 30, 2021
Hebei November 23, 2021
Heilongjiang October 29, 2021
Henan November 27, 2021
Hubei November 26, 2021
Hunan December 3, 2021
Inner Mongolia January 10, 2022
Jiangsu February 10, 2022
Jiangxi September 29, 2021
Liaoning November 26, 2021
Ningxia November 30, 2021
Shandong Proposal
Sichuan September 29, 2021
Tianjin November 29, 2021
Yunnan January 17, 2022
Zhejiang November 25, 2021
15 Gansu November 26, 2021
Qinghai November 24, 2021
Shanxi September 29, 2021
20 Jilin September 28, 2021
30 Shaanxi Proposal

Employer implications

This new form of leave entitlement has spread rapidly, so employers all over China should review their leave policies to ensure compliance in the provincial and municipal jurisdictions in which they operate. Also, employers may want to examine their global or regional family leave policies and practices in order to maintain or promote equitable treatment among all employees.

Contacts

Fiona Huang

Christine Huang

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