Shanghai Maternity Leave: 158 Days, Pay Rules and Employer Duties
Female employees in Shanghai are generally entitled to 158 days of leave for a normal childbirth. Employers must also manage maternity allowance, salary top-ups, social-insurance contributions, paternity and parental leave, pregnancy protections, and the employee’s return to work.
For the national framework, including the 98-day baseline, maternity allowance, employment protection and differences across provinces, see HROne’s guide to maternity leave in all provinces.
Shanghai maternity leave should therefore be treated as a coordinated HR and payroll process—not simply an approved absence.
The standard entitlement is:
- 98 days of national maternity leave
- 60 additional days of Shanghai childbirth leave
- 158 days in total for a normal childbirth
Additional leave may apply for difficult childbirth or multiple births.
How Many Days of Maternity Leave Apply in Shanghai?
Shanghai’s official paid-leave guidance confirms the 158-day standard.
The maternity leave entitlement is generally calculated as follows:
- Normal childbirth: 158 days
- Prenatal portion: Up to 15 of the national maternity-leave days may be taken before the expected delivery
- Difficult childbirth: An additional 15 days
- Multiple births: An additional 15 days for each additional baby
The first 98 days come from China’s national maternity-leave protection. Shanghai’s Population and Family Planning Regulation adds another 60 days of childbirth leave.
The 60-day childbirth leave normally follows the national maternity leave and should generally be taken continuously. Shanghai’s current leave and public-holiday guidance states that the childbirth-leave portion is extended when it overlaps with statutory public holidays.
Employers should calculate the final return date using the actual delivery date, medical documentation, type of birth, number of babies, and any applicable public-holiday extension.
What Happens in the Event of a Miscarriage?
National protections also provide leave following a miscarriage:
- A miscarriage before four months of pregnancy generally provides 15 days of leave
- A miscarriage at or after four months generally provides 42 days
The employee should provide the required medical documentation. HR and payroll should then confirm the applicable leave, maternity-insurance treatment, and employee communications.
Because miscarriage information is sensitive medical data, access should be restricted to employees who genuinely need it for HR, payroll, benefits, or legal administration.
Is Shanghai Maternity Leave Paid?
Eligible employees may receive a maternity living allowance through Shanghai’s employee basic medical insurance system, which includes maternity insurance.
Shanghai issued revised maternity-insurance rules effective from July 1, 2026. Under the 2026 Shanghai maternity-insurance notice, an eligible working woman may receive the allowance during both the national maternity-leave period and Shanghai childbirth leave.
The simplified formula is:
Maternity allowance = monthly allowance standard ÷ 30 × eligible leave days
The monthly allowance standard for an employee is generally based on the previous year’s average monthly wage of employees at the employer where she works in the month of childbirth or miscarriage.
Shanghai applies a local calculation floor and ceiling:
- If the employer average exceeds 300% of the previous year’s citywide average monthly wage, the fund calculation is generally capped at 300%
- If it falls below 60%, the calculation generally uses the 60% floor
For a newly established employer, Shanghai uses a calculation based on the contribution wages and insured employee numbers during the months that have occurred.
If the employee changed employers during the 12 months before childbirth or miscarriage, the monthly allowance may be calculated using a weighted average of the previous-year average wages of the employers concerned.
Employers should obtain a case-specific calculation from their payroll or benefits administrator rather than estimating the payment solely from the employee’s current salary.
When Must the Employer Top Up the Allowance?
The maternity-insurance payment does not always discharge the employer’s full wage obligation.
If the maternity living allowance is lower than the employee’s pre-leave salary standard, the employer must generally pay the difference. Shanghai’s current female-employee protection guidance expressly identifies this employer top-up requirement.
Employers should compare:
- The maternity allowance payable by the fund
- The employee’s applicable pre-leave wage standard
- Any contractual maternity benefit
- The company’s enhanced-leave policy
If the employer has promised benefits above the statutory minimum, the contract, handbook, or company policy may create additional obligations.
What Contribution History Is Required?
Under Shanghai’s rules effective July 1, 2026, the insurance fund generally pays the maternity allowance under the stated formula when the employer’s contributions have reached either:
- 12 accumulated months; or
- Nine continuous months
If contributions have not reached either threshold in the month of childbirth or miscarriage, the fund may initially pay a proportion based on the number of contribution months divided by 12.
The employer advances the remaining portion. Once the relevant 12-month accumulated or nine-month continuous condition is met, the employer may apply to the district medical-insurance service centre for reimbursement of the amount advanced.
If the employer failed to enroll the employee properly or did not pay contributions on time and in full, the employer may be required to pay the maternity benefits itself.
Employers should therefore check contribution records before maternity leave begins.
Do Social-Insurance Contributions Continue?
Yes. The employer and employee should continue paying required social-insurance contributions while the employee receives maternity allowance.
Maternity leave should not automatically trigger:
- Social-insurance deregistration
- Suspension of medical coverage
- Removal from the housing-fund process
- Termination of the employment record
- Unapproved salary or benefit changes
For the wider statutory-benefit framework, see HROne’s China social-insurance guide.
Shanghai’s Employer Social-Insurance Subsidy
Shanghai provides a maternity-related subsidy for qualifying employers.
According to the city’s current maternity-leave social-insurance subsidy guidance, an eligible employer may claim 50% of its actual contributions for:
- Basic pension insurance
- Basic medical insurance, including maternity insurance
- Unemployment insurance
- Work-related injury insurance
The subsidy applies for six months beginning in the month the employee gives birth.
To qualify, the employer must:
- Employ the employee when she gives birth
- Provide the required maternity and childbirth leave
- Continue social-insurance contributions during the leave
- Pay the contributions before claiming reimbursement
- Apply within one year after the maternity and childbirth leave ends
- Avoid claiming overlapping social-insurance subsidies for the same employee and period
The subsidy follows a pay-first, reimburse-later model and is normally claimed in one application through Shanghai’s employer self-service platform.
Employers should retain the birth, leave, contribution, payroll, and return-to-work records needed for the claim.
Paternity and Parental Leave in Shanghai
Maternity administration can also affect the employee’s spouse and both parents.
Paternity leave
The male spouse is generally entitled to 10 days of paternity leave. Salary during this leave should be paid according to the employee’s normal attendance wage.
Paternity leave should normally:
- Be taken during the mother’s maternity-leave period
- Be taken continuously
- Be extended when it overlaps with statutory public holidays
Parental leave
Before a child turns three, each parent may receive five days of parental leave per year. Salary during parental leave is paid according to normal attendance wage.
Employers should define how the relevant annual period is calculated and retain evidence of:
- The child’s birth date
- The employee’s relationship to the child
- Leave already used during the relevant year
- Approval and payroll treatment
Employer Duties During Pregnancy
Employer responsibilities begin before maternity leave.
Prenatal examinations completed during working hours should be treated as working time. The employee should not be required to use annual or unpaid leave for qualifying prenatal appointments.
If medical evidence shows that a pregnant employee cannot perform her usual work, the employer should reduce the workload or arrange other suitable duties.
For an employee who is seven months pregnant or more, the employer should not arrange extended working hours or night-shift work. If she continues working, she should also receive the required rest period during the working day.
Shanghai also provides a prenatal-leave mechanism. An employee more than seven months pregnant may apply for two and a half months of prenatal leave:
- Subject to employer approval based on work arrangements; or
- Where qualifying medical circumstances are certified by an appropriate medical institution
Salary during qualifying prenatal leave should generally be at least 80% of the employee’s regular wage and not below Shanghai’s minimum-wage standard. See Shanghai’s official prenatal-leave guidance.
Breastfeeding Protection After Maternity Leave
When the employee returns, breastfeeding protection normally continues until the child reaches one year old.
The employer should provide one hour of breastfeeding time during each working day. For multiple births, an additional hour is generally added for each additional baby.
Employers should reflect this time in the real work schedule. A written entitlement is insufficient if the manager or attendance system prevents the employee from using it.
Shanghai also provides a separate extended breastfeeding-leave arrangement. After maternity leave:
- An employee experiencing difficulties may apply for 6.5 months of breastfeeding leave, subject to the employer’s approval and work arrangements
- Where an appropriate medical institution certifies a qualifying postpartum condition that seriously affects the mother’s or child’s health, the employer should approve the application
Pay during qualifying extended breastfeeding leave should generally be no less than 80% of the employee’s former wage and no less than the Shanghai minimum wage.
Can an Employer Terminate a Pregnant Employee?
Pregnancy does not create absolute immunity from every possible termination, but Chinese law provides strong protection during pregnancy, maternity leave, and breastfeeding.
The Labor Contract Law restricts employers from using specified no-fault and redundancy grounds during these protected periods. A fixed-term contract that would otherwise expire may also need to be extended until the relevant protected circumstance ends.
Employers should not:
- Terminate employment because the employee is pregnant
- Reduce wages because of pregnancy or maternity leave
- refuse statutory leave
- Penalize prenatal examinations
- Force the employee to resign
- Disadvantage the employee’s promotion solely because of childbirth
- Announce non-renewal without reviewing protected-period rules
Serious misconduct or another legally permitted situation may produce a different result, but the employer should obtain case-specific advice before taking action.
Shanghai Maternity-Leave Workflow
Before leave
HR should:
- Confirm the expected delivery date
- Calculate the preliminary leave period
- Check maternity-insurance contributions
- Estimate the allowance and employer top-up
- Plan work handover
- Explain required documents and application steps
After childbirth
HR and payroll should:
- Obtain the necessary birth and medical evidence
- Confirm difficult childbirth or multiple-birth extensions
- Update the return date
- Process allowance and payroll treatment
- Continue statutory contributions
- Record employer subsidy eligibility
Before the employee returns
The employer should:
- Confirm the return date
- Discuss breastfeeding-time arrangements
- Restore appropriate system and workplace access
- Confirm the employee’s role and reporting line
- Avoid discriminatory changes to duties or compensation
After return
HR should:
- Track breastfeeding time
- Process parental-leave requests
- Retain subsidy documents
- Submit the employer subsidy claim within the applicable deadline
- Monitor any agreed flexible-work arrangement
Conclusion
Shanghai maternity leave is generally 158 days for a normal childbirth: 98 days of national maternity leave plus 60 days of local childbirth leave. Difficult childbirth and multiple births can increase the entitlement.
The employer must also coordinate maternity allowance, any salary top-up, continued social-insurance contributions, paternity leave, parental leave, pregnancy protection, breastfeeding time, and return-to-work planning.
Companies with a local entity can use China payroll outsourcing to coordinate payroll, statutory contributions, allowance records, and employer top-ups. Companies without a local employing entity should establish a compliant local employment structure before hiring Shanghai-based employees.
Contact HROne for assistance with employment, payroll, and statutory-benefit administration in China.
Frequently Asked Questions
Is Shanghai maternity leave 158 days?
Yes. Normal childbirth generally provides 98 days of national maternity leave plus 60 days of Shanghai childbirth leave.
Does difficult childbirth provide additional leave?
Yes. Difficult childbirth generally adds 15 days. Multiple births add another 15 days for each additional baby.
Who pays during maternity leave?
Eligible employees may receive a maternity allowance from the insurance fund. The employer may need to top up the difference if that allowance is below the employee’s pre-leave salary standard.
Do social-insurance contributions continue?
Yes. Required employer and employee contributions should continue during the maternity-allowance period.
How much paternity leave applies in Shanghai?
The male spouse generally receives 10 days of paid paternity leave.
How much parental leave applies?
Each eligible parent may receive five days per year before the child turns three.
