Jiangsu Adds '3 Maternity Leaves' to Special Provision on Female Labor Protection

February 20, 2017
By China Women's NewsEditor: Penny Huang

Legal Affairs Office in east China's Jiangsu Province canvassed public opinion on "Jiangsu Provision on Female Labor Protection under Special Circumstances (First Draft)" ("The Draft") on February 9, adding three specific maternity leave types for working women.

"The Draft" specifies that employers are forbidden to assign women with pregnancy with jobs that state regulations prohibited. If pregnant women have difficulties in their original work, employers are supposed to lessen workloads or change employment positions with relevant certification by designated medical institutions.

Meanwhile, taking pre-marital medical examinations during work time should be regarded as paid leave.

Specifically, the regional provision extended three kinds of maternity leave to women.

During working women's first three and last three months of pregnancy, employers are prohibited to extend their working time or assign them night shifts. Meanwhile, they are allowed to have one-hour break time every day.

In the first three months of pregnancy, women can apply for a rest for fetus protection with certification provided by designated hospitals.

"The Draft" also allows female employees to have a rest during the last three months of pregnancy with employer permission.

These three typed of maternity leave highlights special protection for female workers.

In addition, it is the first time for authorities to put emphasis on the issue of menopause across China.

Precisely, Article 19 in "The Draft" says that working women with serious menopausal symptoms could apply to reduce their workload or switch their positions while employers could change their employment arrangement depending on conditions.

In order to safeguard the legal rights and interests of female professionals, new regulations will qualify metrics for relevant penalties.

If an employer violates provisions, human resource and social security departments above county level should order employers to make amends within a time limit. If they refuse, they are supposed to pay compensation of 1,000–5,000 yuan (U.S. $145-726).

In addition, if employers violate female employee rights and interests, they would bear the liability for compensation according to the law.

If they constitute to break the law, managers and related personnel would come under investigation.

(Source: China Women's News/ Translated and edited by Women of China)

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