Draft may allow female employees more benefits

December 06, 2011 | BY

Candice Mak

Maternity leave extended

Another draft regulation was released by the State Council on November 21 that, if promulgated, would give female workers more maternity benefits, expanded health coverage and special working conditions. The draft is open to public comment until December 23 2011.

The Provisions on Female Labor Protection under Special Circumstances (Draft) (女职工特殊劳动保护条例 (征求意见稿)) provide that:

1) women's maternity leave would be extended to 14 weeks (98 days) from the current 90 days;

2) women will enjoy better working conditions, including pregnant women being able to ask for a lighter work load and flexible hours, and be protected from working overtime or at night;

3) a maternity allowance is required
for women during their maternity leave;

4) employers must pay all medical fees if they haven't purchased maternity insurance;

5) employers must arrange gynecological exams for all its female employees at least once every two years (with the exam time counting as work hours); and

6) pregnant women will be paid
normally even when they go for pre-natal medical checks during
he work day.

If an employer doesn't comply with these measures, they could be fined anywhere from Rmb1000 to Rmb5000 for every female worker whose rights aren't provided for. Other legal charges are possible as well. CM

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