China: New employer-paid childcare leave entitlements

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

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.