By: Zi Wang, Anhui University Bachelor of Liberal Arts and Sociology
1. China’s current family planning policy – the three-child policy
On 31 May 2021, the Political Bureau of the Central Committee of the Communist Party of China held a meeting to consider the decision to optimize the fertility policy to balance population development in the long term, stating that in order to further optimize the fertility policy and implement the policy, a couple can have three children.
In China, a couple is punished for having more than three children.
2. China’s maternity support policy
2.1 Maternity insurance
China’s maternity insurance is relatively well developed, with normative documents such as the Social Insurance Law of the People’s Republic of China and the Special Provisions on Labour Protection for Female Workers all providing clear regulations on maternity insurance contributions and benefits, resulting in a maternity support policy that includes maternity allowances, maternity medical services and maternity leave support, providing financial support, service provision and time support for families giving birth.
2.1.1 Maternity benefits
Maternity allowance is the cost of living for a working woman during her absence from work due to childbirth and is essentially a compensation for a woman’s income during the period of childbirth. The maternity allowance in China is calculated as follows.
Maternity allowance = average contributory salary of the unit for the month 4-30 (days) * number of days of leave
Maternity benefits are paid on the basis of social security contributions, the specific conditions of which vary according to regional regulations, such as in Beijing, China, where a continuous social security contribution of nine months is required. In addition, a one-off nutritional allowance is paid from the maternity insurance fund as a supplement to financial support, the exact percentage of which is determined by the coordinating district people’s government.
2.1.2. Maternity medical treatment
Examination fees, delivery fees, operation fees, hospitalization fees and medicine fees for female workers giving birth are paid by the maternity insurance fund, while medical operation fees and medicine fees (including medicine fees for self-financed drugs and nutritional medicines) in excess of those prescribed are borne by the workers themselves. After a female employee is discharged from hospital due to childbirth, medical expenses for illnesses caused by childbirth shall be paid from the maternity insurance fund; medical expenses for other illnesses shall be handled in accordance with the provisions of medical insurance treatment. If a female employee needs rest and treatment due to illness after the expiry of her maternity leave, she shall be dealt with in accordance with the provisions on sick leave entitlement and medical insurance entitlement.
2.1.3 Maternity leave
China’s Labour Law, Social Insurance Law, Relevant Chinese Laws and Regulations, and other Special Provisions on Labour Protection for Female Workers have clear provisions on maternity leave during pregnancy.
(1) Female employees are entitled to 98 days of maternity leave, of which 15 days may be taken before delivery;
(2) Leave for one child, increased by 35 days;
(3) 15 days of leave for late childbirth;
(4) 30 days’ leave for difficult deliveries, planarian deliveries, third-degree perineal rupture; 15 additional days for attraction deliveries, forceps deliveries and breech deliveries;
(5) Leave for multiple births, with an additional 15 days for each additional baby;
(6) Leave for miscarriage, 15 days for less than 2 months of pregnancy; 30 days for less than 4 months of pregnancy; 42 days for more than 4 months (including 4 months) to less than 7 months; 75 days for more than 7 months in case of stillbirth, stillbirth and premature birth without viability.
Maternity leave has been extended by 148 days in some areas; up to 188 days; in some areas such as Hebei Province, Zhejiang Province, Shaanxi and Inner Mongolia Autonomous Region, families are required to extend maternity leave for the birth of a third child (see Table 1 for maternity leave policies by province in China).
Table 1 Provisions on maternity, paternity and paternity leave policies
| Region (China) | Maternity leave | Paternity leave | Parental leave |
| Beijing | 158 days | 15 days | Couples are each entitled to 5 days of parental leave per year until the child is 3 years old. |
| Tianjin | 158 days | 15 days | Couples are each entitled to 10 days of parental leave per year until the child reaches the age of three. |
| Shanghai | 158 days | 10 days | Couples are entitled to 5 days of parental leave per year each until the child reaches 3 years of age. |
| Chongqing | 178 days | 20 days | After the expiry of the maternity leave or breastfeeding period, one of the spouses may take parental leave until the child is one year old, or both spouses may take parental leave 5-10 times a year until the child is six years old. |
| Hebei Province | 158 days maternity leave for the birth of one or two children; 188 days maternity leave for the birth of three or more children. | 15 days | The couple has 10 days of maternity leave each year until the child’s third birthday. |
| Shanxi Province | 158 days | 15 days | Couples are each entitled to 15 days of parental leave per year until the child is three years old. |
| Liaoning Province | 158 days | 33 days | Couples are each entitled to 10 days of maternity leave per year until the child is three years old. |
| Jilin Province | 180 days | 25 days | Couples are each entitled to 20 days of parental leave per year until the child is three years old. |
| Heilongjiang Province | 180 days | 15 days | Couples are each entitled to 10 days of parental leave per year until the child reaches the age of three. |
| Jiangsu Province | 158 days | 15 days | Couples are each entitled to 10 days of parental leave per year until the child is 3 years old. |
| Zhejiang Province | 158 days of maternity leave for the birth of a child; 188 days for the birth of two or three children. | 15 days | Couples are each entitled to 10 days of parental leave per year until the child is 3 years old. |
| Anhui Province | 158 days | 30 days | Couples are each entitled to 10 days of parental leave per year up to the child’s sixth birthday. |
| Fujian Province | 158 days – 180 days | 15 days | Couples are each entitled to 10 days of parental leave per year until the child reaches the age of three. |
| Jiangxi Province | 188 days | 33 days | Couples are each entitled to 10 days of parental leave per year until the child reaches the age of three. |
| Shandong Province | 158 days | No less than 15 days | Couples are entitled to not less than 10 days of parental leave per year each until the child reaches the age of 3.3 weeks old. |
| Henan Province | 188 days | 30 days | Couples are each entitled to 10 days of parental leave per year until the child reaches the age of three. |
| Hubei Province | 158 days | 15 days | Couples are each entitled to 10 days of parental leave per year until the child reaches the age of three. |
| Hunan Province | 158 days | 20 days | Couples are each entitled to 10 days of parental leave per year until the child reaches the age of three. |
| Guangdong Province | 178 days | 15 days | Couples are each entitled to 10 days of parental leave per year up to the child’s third birthday. |
| Hainan Province | 188 days | 15 days | Each spouse is entitled to 10 days of parental leave per year or one hour of parental time per day for either spouse until the child is three years old. |
| Sichuan Province | 158 days | 20 days | Couples are each entitled to 10 days of parental leave per year up to the child’s third birthday. |
| Guizhou Province | 158 days | 15 days | Couples are each entitled to 10 days of parental leave per year up to the child’s third birthday. |
| Yunnan Province | 158 days | 30 days | 10 days of parental leave per year for each spouse until the child reaches the age of 3;For those with more than two children under the age of three, an additional five days of parental leave will be added. |
| Shaanxi Province | 158 days maternity leave for the birth of one or two children; six months additional incentive leave for the birth of three children. | 15 days; couples20 days for foreign residence; 1 additional day for the birth of three children. | Couples are entitled to no less than 30 days of parental leave per year until the child3 weeks old. |
| Gansu Province | 180 days | 30 days | Couples are each entitled to 15 days of parental leave per year until the child reaches the age of three. |
| Qinghai Province | 188 days | 15 days | Couples are each entitled to 5 days of parental leave per year until the child is 3 years old. |
| Inner Mongolia Autonomous Region | 158 days maternity leave for the birth of one or two children; 18,800 days for the birth of three children | 25 days | Couples are each entitled to 10 days of parental leave per year up to the child’s third birthday. |
| Guangxi Zhuang Autonomous Region | 148 days | 25 days | None |
| Ningxia Hui Autonomous Region | 158 days | 25 | Couples are each entitled to 10 days of parental leave per year up to the child’s third birthday. |
| Data source: Official websites of provincial and municipal governments | |||
2.2 Economic support
2.2.1 Childcare allowance
The childcare allowance is a financial incentive for families to have multiple children in accordance with the national plan. Some cities and counties in China are already experimenting with childcare subsidies. (See Table 2 for details).
| Table 2: Maternity subsidy policies in selected regions of China | ||
| Childcare allowance | ||
| Region (China) | Policy rationale | Recipients and criteria |
| Panzhihua, Sichuan Province | Implementation Rules for the Payment of Childcare Allowance in Panzhihua City (Trial Implementation) | Urban and rural residents who are both household members of Panzhihua and participate in social insurance in Panzhihua; for families who have a second child or more according to the policy and have settled in Panzhihua, a monthly childcare allowance of RMB 500 per child will be paid until the child is 3 years old. |
| Linze County, Gansu Province | Implementation Opinions on Optimizing Fertility Policies for Long-term Balanced Population Development in Linze County (for trial implementation) | For families with permanent residence of Linze household registration who give birth to two or three children in public medical institutions in Linze County, a childcare allowance of RMB 5,000 per year for two children and RMB 10,000 per year for three children until the child is three years old is paid. |
| Shihezi, Xinjiang | Implementation Plan of Shihezi City of the 8th Division on Promoting the Development of Care Services for Infants and Children under the Age of 3 | For couples with two or more children in accordance with the regulations, both spouses and their children (two or more children, same as below) who are domiciled in the division, or military spouses, divorced and widowed family dependents and children who are domiciled in the division, are eligible for childcare allowance from the month following the month of eligibility until the child is three years old, and the standard of payment is RMB 500/month/child for the birth of a second child and RMB 1000/child for the birth of a third child. 1000 RMB/month/child. If one of the spouses and the child is a resident of the division, the rate of payment is RMB 250/month/child for a second child and RMB 500/month/child for a third child. |
| Shanxi Province | Implementing Opinions on Promoting the Development of Care Services for Infants and Young Children under the Age of 3 | Employers are encouraged to give parents of infants and toddlers born within the family planning policy a monthly infant and toddler childcare fee of RMB 200 each. |
| Maternity medical benefits | ||
| Qingdao, Shandong Province | Implementation Plan for Subsidy for Hospital Births for Women of Childbearing Age Giving Birth in Compliance with Family Planning Policies in Qingdao | Women of childbearing age who have given birth in accordance with the national family planning policy, who have given birth in a qualified midwifery institution, who are registered in the city, or who have married in the city but have not yet settled in the city, and women of childbearing age who have lived in the city continuously and have accepted the family planning service management in their current place of residence for more than one year, and have a stable occupation and residence. The subsidy is RMB 500 per woman. Women of childbearing age. The subsidy is RMB 500 per person. |
| Data source: Official websites of provincial and municipal governments in China | ||
2.2.2 Tax benefits
In 2018, China’s State Council issued the Notice on the Issuance of Provisional Measures for Special Additional Deductions for Individual Income Tax, which includes special additional deductions for children’s education, including expenses related to pre-school education (i.e. pre-school education includes pre-school education from the age of 3 to primary school entry) and academic education (including compulsory education, high school level education and higher education), at a fixed rate of 1,000 yuan per month per child The 2022 government work report clearly states the key tasks to improve the supporting measures for the three-child birth policy, and to include expenses for the care of infants and children under the age of three in the special additional deduction for personal income tax, with a flat-rate deduction of RMB 1,000 per month per infant and child, with one parent being able to choose to deduct 100% of the deduction or 50% of the deduction for each parent. The exact deduction cannot be changed within a tax year. For example, the Jilin government in China provides VAT and corporate income tax exemptions for small and micro enterprises set up by families with multiple children.
2.2.3 Housing benefits
Housing and rental concessions in China are based on local government regulations and have different conditions and benefits. For example, Hai’an City in Jiangsu Province, China, offers certain housing concessions to families with more than one child; Ningbo City in Zhejiang Province, China, increases the housing provident fund loans for families with more than one child and gives priority to them; Linze County in Gansu Province, China, offers housing subsidies to local families with two or three children who are permanent residents, etc.
2.3 Physical support
China provides mother and baby or household items to help family members ease the burden of childbirth; enterprises and institutions build mother and baby rooms, children’s recreational facilities and maternal and child health hospitals responsible for maternal and child health care, etc.
2.3.1. Facilities for mothers and babies
In August 2021, the Standing Committee of the National People’s Congress amended the Law on Population and Family Planning, making it clear that mother and baby facilities will be provided in public places and employers with a large number of female workers, and encouraging places to set up mother and baby waiting halls (areas) and special seats for mothers and babies according to local conditions. The State has incorporated mother and baby facilities into the construction of infrastructure. Compared to the past when women were breastfeeding in public places, the gradual completion of mother and baby facilities provides convenient conditions for women to take care of their babies and children, and is a sign of society’s respect for women giving birth.
2.3.2 Children’s facilities
Children’s facilities are the basis for creating a healthy environment for children to grow up in. They include educational institutions such as nurseries, kindergartens and schools for infants and toddlers aged 0 to 3 years, children’s healthcare institutions, welfare institutions and recreational facilities. The Outline for the Development of Children in China (2021-2030) specifies the key tasks for the future development of children: developing comprehensive development guidance institutions for children of public interest and inclusiveness; building national, regional, provincial, municipal and county-level networks for children’s healthcare services; building children’s activity venues and supporting service facilities; optimising the environment for children’s development; and building child-friendly cities and child-friendly communities together.
2.4 Service provision
2.4.1. Maternity medical services
Health services for childbirth refer to the basic health care services around the process of childbirth, covering the five periods of pre-marriage, pre-conception, pregnancy and childbirth, post-partum and childcare, and include not only services for the process of childbirth such as pre-conception check-ups, health care during pregnancy, hospital deliveries and post-partum health checks, but also medical protection services for children (such as prevention of mother-to-child transmission of diseases, screening for newborn diseases, vaccination, etc.) and medical treatment services for infertility. The State has also issued relevant policy documents. The State has also issued relevant policy documents, such as the Opinions on Effective Management Services and Clinical Treatment for Advanced Maternal Age, which provide maternity healthcare services around the risks of childbirth, postnatal recovery and psychological counselling.
2.4.2 Inclusive childcare services
At the two sessions of the National People’s Congress in 2022, “inclusive childcare” became a buzzword, with some NPC deputies suggesting encouraging childbirth to further reduce the burden on parents, increasing childcare support and supporting employers in a position to set up childcare institutions; some CPPCC members advocating free kindergarten for third children and encouraging enterprises and employers in a position to do so to provide free childcare. Some CPPCC members advocated free kindergarten for third children and encouraged enterprises and employers to provide free childcare services. Some CPPCC members advocated free kindergarten for third children and encouraged enterprises and employers to provide free childcare services.
2.5 Employment support
The Chinese government has issued corresponding laws, regulations and policy documents to guarantee the labour and social security rights of working women; reaffirm and protect women’s labour rights and interests during childbirth, and supplement and improve laws and regulations to protect the basis of women’s maternity. (See Table 3 for details)
| Table 3: Labour protection and employment support policies for women in China | ||
| Main body | Name of policy and law | Main content |
| National People’s RepresentativeGeneral Assembly | Law of the People’s Republic of China on the Protection of the Rights and Interests of Women | The State guarantees equal labour rights and social security rights for men and women;The State guarantees the safety and health of women at work and at work during special periods such as menstruation, pregnancy, childbirth and breastfeeding; employers may not restrict women’s wages, salaries, career advancement or marital status on the basis of gender. |
| Standing Committee of the National People’s Congress | Labour Law of the People’s Republic of China | The State guarantees equal employment rights for men and women;The State protects female workers during special periods such as menstruation, pregnancy, childbirth and breastfeeding, and specifies the scope of work that is contraindicated. |
| Standing Committee of the National People’s Congress | Law of the People’s Republic of China on the Promotion of Employment | Employers may not restrict women’s employment, wages, salaries, career progression or marital status on the grounds of gender. |
| Special Provisions on Labour Protection for Women Workers | The State protects the lives and health of women workers. | |
| Clarify the workload of women workers during special periods such as menstruation, pregnancy, childbirth and breastfeeding;Specific details on maternity leave and maternity benefits;Reaffirm and protect the legal rights and interests of women, especially during menstruation, pregnancy and childbirth, as well as during special periods such as breastfeeding. | ||
| Ministry of Human Resources and Social Security | Employment Services and Employment Administration Regulations | Reaffirming that men and women have equal rights in employment and that there is no discrimination against women on the basis of sex;Women have equal access to public employment services;Specialised career guidance services for female employment groups. |