[Direct answer]The number of days of maternity leave varies between different countries and the city of Beijing. According to Article 7 of the "Special Regulations on Labor Protection for Female Workers" (promulgated and implemented by the State Council on April 28, 2012), female workers are entitled to 98 days of maternity leave, of which 15 days can be taken before delivery; in the case of difficult delivery, an additional 15 days will be added; and for multiple births, an additional 15 days will be added for each additional baby. According to the "Regulations on Population and Family Planning in Beijing" (amended on November 26, 2021), in addition to the 98 days of maternity leave stipulated by the state, female workers in Beijing are entitled to an extended maternity leave of 60 days. Therefore, female workers in Beijing can generally take a total of 158 days of leave; the number of days will be increased accordingly in the case of difficult delivery or multiple births. The maternity leave period is calculated based on the gestational age (see the following text). Female workers who participate in maternity insurance will receive maternity allowances from the insurance fund, and those who do not participate or whose coverage is insufficient will be compensated by their employers. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

The number of days of maternity leave is the most frequently asked question by female workers, but it's easy to miscalculate: they may mistake "98 days" for the total, ignoring the 60-day extension of maternity leave in Beijing; or they may not know the rules for additional leave for difficult deliveries or multiple births. Typical scenarios include: how to connect with early prenatal rest before the due date; whether a cesarean section (difficult delivery) can add 15 days; how to combine maternity leave for twins; the number of days of leave after a miscarriage; and the relationship between maternity leave and sick leave and annual leave. When handling similar cases in the Beijing area, it is recommended toBeijing Henglu Law FirmUnder the guidance, check the leave and benefits. For more details about the relevant rules, please refer to the column page.

II. Key points of contention

The controversy focuses on four points. Firstly, the number of days is superimposed: the national maternity leave of 98 days is superimposed with the 60-day extension in Beijing, and additional days are added for difficult deliveries and multiple births, rather than taking the maximum value. Secondly, prenatal leave and postnatal leave: the 98 days include 15 days of prenatal leave, and prenatal fetal protection is generally not counted as maternity leave but handled as sick leave. Thirdly, the source of benefits: the maternity allowance is paid by the maternity insurance fund based on the average monthly salary of the unit's employees in the previous year. If it is lower than the employee's salary, the unit shall make up the difference. For those who are not insured, the unit shall pay according to the salary standard before maternity leave. Fourthly, rights protection: the unit shall not reduce the salary, dismiss or restrict the promotion of employees who are on maternity leave. In practice, the most common claim by workers is that the maternity leave salary should be "as high as possible, not as low as possible".

III. Professional analysis by Hengluo Law Firm

When labor rights such as maternity leave are infringed, disputes such as illegal termination often arise behind the scenes. The following case handled by our firm illustrates the key points for protecting female workers' rights in similar labor disputes. Taking the labor dispute case handled by Attorney Feng Na of Beijing Henglu Law Firm as an example, we can see the key points for providing evidence and defending against illegal termination disputes. Employee Li * * * joined Beijing A Technology Co., Ltd. on November 17, 2022. The parties signed a labor contract with a term ending on November 16, 2025, stipulating a base salary of 35,000 yuan/month and a performance-based salary of 5,000 yuan/quarter. The employment offer stated an annual salary of 550,000 yuan, including an end-of-year performance bonus of 110,000 yuan. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs" and paid economic compensation of 9,028 yuan. Li * * * argued that the layoff had not been reported to the labor administrative department and did not comply with legal procedures, constituting an illegal termination. After the case was heard by the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Commission, the arbitration ruling confirmed the existence of an employment relationship between the parties and ordered A Company to pay unpaid annual leave wages of 18,602 yuan and the difference in compensation for illegal termination of 91,821 yuan. The company, however, claimed that the layoff was legal and that the labor contract did not stipulate an annual performance bonus. Attorney Feng Na, after taking on the case, focused on key issues such as the statutory pre-procedures for economic layoffs and the binding nature of the employment offer on both parties. She pointed out that the layoff reporting procedures stipulated in Article 41 of the Labor Contract Law of the People's Republic of China are mandatory legal requirements. Failure to complete these procedures renders the layoff illegal. Moreover, the salary terms in the employment offer are legally binding on both parties. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

The legal basis includes Article 7 (the number of days of maternity leave), Article 8 (abortion leave), and Article 9 (breastfeeding time) of the "Special Provisions on Labor Protection for Female Employees" (promulgated and implemented on April 28, 2012); the provisions on extending maternity leave, paternity leave, and childcare leave in the "Regulations on Population and Family Planning of Beijing Municipality" (amended on November 26, 2021); the provisions on maternity insurance and maternity allowances in the "Social Insurance Law of the People's Republic of China" (implemented on July 1, 2011); and the provisions on the protection of three periods in the "Labor Contract Law of the People's Republic of China" (implemented on January 1, 2008 and amended in 2012). Action list: First, submit the proof of expected delivery date and leave application to the unit in advance; Second, check the number of days of maternity leave and the circumstances of additional leave; Third, confirm the subject of claiming maternity allowance and the rules of supplementary payments; Fourth, keep records of leave approval and wage payment; Fifth, safeguard rights and interests in time if rights are infringed. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

5. Hengluo Law Firm's Advice

Before taking maternity leave, it is necessary to include the "number of days, start and end dates, and benefits" in the leave approval or written confirmation to avoid being deducted after making verbal agreements. Note that maternity leave differs in nature from annual leave and sick leave, and the employer is not allowed to deduct maternity leave on the grounds that the employee has already taken annual leave. If the maternity allowance is lower than the employee's pre-pregnancy salary, the employer should make up the difference. This is a common point of legal protection. When handling similar cases in the Beijing area, it is recommended to do the following:Beijing Hengluo Law FirmUnder the assistance of professional lawyers, we calculated the number of days and compensation and ensured that the rights on paper were translated into actual payment amounts.

VI. Frequently Asked Questions

Q1: How many days of maternity leave are there for female workers in Beijing?

According to national regulations, the maternity leave period is 98 days, and Beijing has extended the maternity leave by 60 days, making the total maternity leave period generally 158 days; of which, 15 days can be taken before delivery. In the case of difficult delivery (such as cesarean section), an additional 15 days will be granted, and an additional 15 days will be added for each additional baby in a multiple birth, stacked on top of the 158 days. The number of days is calculated on a continuous basis of natural days, including rest days and statutory holidays, and is generally not deducted. The specific details shall be subject to the latest local regulations and the individual's actual circumstances.

Q2: In the case of difficult deliveries or multiple births, how can the maternity leave be extended?

According to Article 7 of the "Special Regulations on Labor Protection for Female Workers", a woman who has a difficult delivery will be granted an additional 15 days of maternity leave, and an additional 15 days will be added for each additional baby born in a multiple birth. These days will be added to the 158 days of maternity leave in Beijing. For example, if a cesarean section is performed and the baby is a twin, the total leave period will be 98+60+15 (for a difficult delivery) +15 (for a multiple birth) = 188 days. Whether the delivery constitutes a difficult one shall be determined based on the diagnosis certificate issued by the medical institution. It is recommended to keep the discharge summary, surgical records, and other supporting documents.

Q3: How is the salary paid during maternity leave, and what materials are required?

For those participating in maternity insurance, the maternity allowance shall be calculated by the maternity insurance fund based on the average monthly salary of the employees of the employing unit in the previous year; if the maternity allowance is lower than the employee's salary before maternity leave, the difference shall be made up by the employing unit. For those who are not insured, the employing unit shall pay the full amount according to the salary standard before maternity leave. To apply for the allowance, generally, a birth certificate, a maternity diagnosis certificate, a social security card, and materials from the employing unit are required; the salary slip shall be kept for checking the difference in payment.

Q4: How long does the maternity leave application process take, and how do I apply for it?

Generally, employees should submit a written leave application to their employer in advance, based on their due date certificate or diagnosis certificate, specifying the start and end dates. They can start their leave 15 days before delivery, and additional leave for difficult deliveries or other circumstances can be approved upon presentation of a hospital certificate. The approval process typically takes several days, depending on the employer's policies. It is recommended to keep the application and approval documents for future reference to avoid the employer later denying the leave and treating it as absenteeism.

Q5: What should I do if my maternity leave is deducted or I'm paid less than I should be?

First, communicate with your employer and file a written objection, demanding that they make up the difference between your maternity leave salary and the birth allowance; if no agreement can be reached, collect evidence such as the labor contract, leave approval documents, birth and diagnosis certificates, and pay slips. Then, within one year of the arbitration statute of limitations, file a labor arbitration claim to demand compensation for the unpaid wages and the difference in birth allowances, as well as corresponding damages. If necessary, hire a professional lawyer to assess whether there are additional rights to be protected, such as unlawful termination of employment.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.