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Shanghai maternity leave extended

Maximum maternity leave in Shanghai has been increased to nine months - compared with an average of four months across the mainland - according to a circular from the municipal health bureau.

The circular says that, based on a 1990 regulation and its interpretation, women may apply for up to 2 1/2 months of pre-natal leave and up to 6 1/2 months' post-natal if they provide a doctor's supporting document.

Mothers can get the full pre-natal leave if they have had three abortions or have a history of seriously problematic pregnancy. They can get the full post-natal leave if they have post-natal depression or seriously problematic pregnancy, or an important organ became dysfunctional because of the delivery, or if the baby has a congenital illness or serious infectious disease. Multiple birth mothers are also entitled to apply.

While on maternity leave, employees must receive at least 80 per cent of their full pay.

Li Shanguo, director of the disease prevention and women's and children's health care departments at the Shanghai Health Bureau, told Xinhua the 'breakthrough' policy could ensure women with real needs sufficient time to rest.

The circular said that an applicant whose employer did not grant the application could go to the Shanghai Women's Federation, an official with its rights-defence department said.

According to the mainland's Labour Law, women may take a basic 90 days of maternity leave. If the mother is more than 24 years old and the baby is her first, she can get 30 more days. Those who undergo a Caesarean section or experience other difficulty during delivery may have 15 more days of leave.

Companies may fire pregnant staff only if the employee does not return to work within a reasonable time after a pregnancy terminates or she has not returned by the baby's first birthday, the law says.

Daisy Deng, who works for a foreign-based financial institution in Shanghai, said she would do whatever it took to get the 6 1/2-month post-natal leave. Expecting at the end of this month, Deng is home on sick leave. She said she did not like to work because the hour's commute from her home in suburban Songjiang district to the downtown area on the crammed subway was awful.

'After my baby's birth, I definitely want to stay and look after it for as long as possible,' she said.

Summer Xie, a human resources specialist with five years' experience in Shanghai, said a mother who asked for a long maternity break probably indicated she did not have long-term plans with the company.

'Some pregnant women ask for too much sick leave for various reasons,' Xie said. 'It's rare that bosses don't frown at maternity leave applications. Pregnant employees are burdens for employers, because companies can't fire them or hire new people with their tight budgets.'

She said a worker who excessively exploited the maternity leave policy would probably not have her contract renewed when her baby turned one, or the company would reduce her bonus or other remuneration.

So, she said, companies would rather hire married women who had already had children than women who had not had children yet, especially if the company was small.

Mothers' rights

Maternity leave in Shanghai is now up to a maximum nine months.The average across the mainland is: 4

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