The PRC Population and Family Planning Law was amended in August 2021, which now allows a couple to have three children. To be in line with this national law by early December, more than twenty provinces and cities under direct leadership of the central government in China, have started or completed the amendment of local regulation on population and family planning. Beijing and Shanghai have already updated their respective local regulation, according to which, if the couple have given birth in accordance with the law and regulation, the total maternity leave entitled by the female party will be increased from 128 days to 158 days; the male party will be entitled to 10 or 15 days of paternity leave; and both parents can enjoy 5 days of parental leave per year, before their child reaches three years of age. In addition, Beijing has created the nursing leave, which allows employees who are the only child in the family to have 10 days of leave per year to nurse their parents, when necessary. Other provinces have also employed different measures to encourage childbirth, including the extension of marriage leave, a provision for special subsidies, etc.
Key Action Points for Human Resources and In-house Counsel
With the population growth slowing down, the Chinese government has undertaken great efforts to encourage childbirth. As 2021 draws to an end, more and more favourable measures in support of childbirth are now underway across different regions of China. It is advisable for employers in China to pay close attention to the latest local regulations in order to ensure that the company’s HRM continues to be compliant with the new rules on maternity leave, paternity leave, parental leave, etc., as they relate to their employees.