[Direct answer]It is illegal to deduct wages from pregnant female employees who take time off for prenatal checkups. According to Article 6 of the "Special Regulations on Labor Protection for Female Employees" (implemented on April 28, 2012) and Article 48 of the "Law of the People's Republic of China on the Protection of Women's Rights and Interests" (amended on October 30, 2022 and implemented on January 1, 2023), employers are not allowed to reduce female employees' wages or unilaterally terminate labor contracts due to pregnancy, maternity leave, etc. If wages are deducted, employees can first negotiate with the employer. If no agreement is reached, they can file a complaint with the labor supervision authority or apply for labor arbitration, demanding that the employer pay back the wages and claiming corresponding compensation. It is recommended to keep attendance records, pay slips, prenatal checkup records, and proof of deductions.

I. Problem Background and Typical Scenarios

Female employees need to undergo regular prenatal checkups during pregnancy, but many employers treat prenatal checkup leave as leave of absence or sick leave, deduct their daily wages, and even pressure them by citing unsatisfactory attendance rates. Typical scenarios include: being deducted a full day's wages on the day of the prenatal checkup; being required to use annual leave or sick leave to offset the time spent on prenatal checkups; and being deemed as absent without leave on the grounds of failing to apply for approval in advance. These practices directly infringe on the rights and interests of pregnant workers. For more information on relevant rules, please refer to the following link:Labor arbitration and legal services for work-related injury compensationDuring pregnancy, physical changes lead to the need for frequent checkups, and a routine prenatal visit often takes up half a day's working time. Whether this is counted as working time or not determines whether the wages will be deducted.

II. Key points of contention

The dispute focuses on four aspects. Firstly, the nature of prenatal checkups: whether they should be counted as working hours or as sick leave. The law clearly stipulates that they should be counted as working hours, but the company invoked its internal rules to oppose this. Secondly, the basis for deductions: the company claimed that the unapproved prenatal checkups and the non-full attendance cannot override the statutory protection. Thirdly, the burden of proof: female employees need to prove the facts of prenatal checkups and the deduction of their wages. Fourthly, the choice of remedies: the monitoring complaint period is short, and arbitration can claim both back pay and compensation at the same time. When handling similar cases in Beijing, both arbitration and monitoring recognize the principle that prenatal checkups should be counted as working hours. When the company's internal attendance system conflicts with the law, the law shall prevail.

III. Professional analysis by Hengluo Law Firm

The twelve laborers' inspection, rectification, and dismissal cases handled by Attorney Feng Na fully demonstrate the judicial logic that employers are not allowed to evade their legal obligations on formal grounds. In August 2025, A Company terminated the labor contracts of twelve employees, Zhang Li, Hu Fei, and Liu Gang, by issuing "Notices of Termination of Labor Relationship" on the grounds that the recruitment procedures were found to be irregular during inspections and rectifications. The twelve employees entrusted Attorney Feng Na of Beijing Henglu Law Firm to jointly file for arbitration, and won the cases in the first and second instance. The core disputes of the case are whether the social security registration is a prerequisite for the effectiveness of the labor contract, and whether the inspection, rectification, and dismissal are lawful terminations. The attorney refuted Article 7, Article 16, Article 39, and Article 48 of the Labor Contract Law of the People's Republic of China (amended in 2012) and Article 19 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (effective as of September 18, 2008) one by one, pointing out that the labor relationship is established from the date of employment, and the written contract becomes effective upon the signing and stamping by both parties. The registration is merely an administrative matter; the inspection, rectification, and recruitment irregularities are not statutory grounds for unilateral termination, and the company's dismissal is essentially an illegal termination. The arbitration, first instance, and second instance all ruled that the termination was illegal and ordered the continuation of the contract. Although this case does not involve prenatal examination and salary deduction, it establishes the principle that employers are not allowed to evade the legal rights and interests of workers on management grounds, which is highly consistent with the protection of prenatal examination during pregnancy. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 6 of the "Special Provisions on Labor Protection for Female Employees" (implemented on April 28, 2012): Pregnant female employees who undergo prenatal checkups during working hours shall have the time required for such checkups counted as working hours; Article 48 of the "Law of the People's Republic of China on the Protection of Women's Rights and Interests" (amended on October 30, 2022 and implemented on January 1, 2023): Employers shall not reduce the wages of female employees or dismiss them due to pregnancy, maternity leave, etc.; the provisions on wage payment and termination of labor contracts in the "Labor Contract Law of the People's Republic of China" (amended in 2012); and Article 15 of the "Interim Regulations on Wage Payment" (issued on December 6, 1994) concerning the prohibition of deducting workers' wages. Action list: First, keep the appointment slip, registration record, and diagnosis certificate before the prenatal checkup; Second, check the pay slips to confirm the deduction items and days; Third, first raise objections to the unit's human resources department in writing and request reissuance of the wages; Fourth, if no agreement is reached, file a complaint with the labor supervision team in the locality where the employee works; Fifth, apply for labor arbitration regarding both the reissuance of wages and compensation. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

5. Hengluo Law Firm's Reminder

During pregnancy, if female employees encounter situations where their wages are deducted, they should not tolerate it or consider it as a personal leave. It is a rigid requirement that prenatal checkups be counted as working hours, and the unit's internal attendance rules cannot conflict with this. It should be noted that some units spread prenatal checkups over multiple half days and accumulate the deductions, which is more covert. It is recommended to check the salary details monthly and keep all prenatal checkup receipts. At the same time, pregnant women are subject to special protection. The unit cannot reduce their wages due to pregnancy or use it as an excuse to terminate the contract. If they encounter illegal termination, they can claim to continue performing the contract or seek compensation. It is recommended toBeijing Henglu Law FirmWith the help of professional lawyers, we can fix the evidence and choose the path of complaint or arbitration.

VI. Frequently Asked Questions

Q1: If the maternity leave during prenatal checkups results in a deduction of salary, can I request a reissuance of the salary?

Yes. The time spent on prenatal checkups should be legally included in working hours. It is unlawful for the employer to deduct the employee's daily wages. Female employees have the right to demand full compensation. According to Article 6 of the "Special Regulations on Labor Protection for Female Employees" and Article 48 of the "Law on the Protection of Women's Rights and Interests", pregnancy-related checkups cannot be used as a reason for deducting wages. In practice, you can first negotiate with the employer. If no agreement is reached, you can file a complaint with the labor supervision department or apply for arbitration to claim back the deducted wages. If the deduction of wages leads to a dispute over the termination of the labor contract, you can also claim compensation for unlawful termination. The outcome of the case depends on the evidence and determination. It is recommended to keep the records of prenatal checkups and pay slips.

Q2: What evidence do I need to prepare if I want to claim that my employer deducted my salary for prenatal checkups?

There are four types of core evidence: First, medical examination evidence, including hospital appointment text messages, registration forms, diagnosis certificates, and examination reports; Second, labor relationship evidence, such as labor contracts, social insurance records, and work badges; Third, evidence of wage deductions, including pay slips, bank statements, and deduction items noted in attendance records; Fourth, communication evidence, such as chat records and emails with HR regarding maternity leave requests and wage deductions. Organizing the evidence chronologically helps demonstrate that the medical examination took place, that the employer was aware of it, and that the wages were actually deducted, thereby increasing the chances of winning the case.

Q3: How much does it cost to file a complaint or engage in arbitration?

There is no charge for filing a complaint with the labor supervision authority; nor is there a case acceptance fee for applying for labor arbitration. If you hire a lawyer, the fees will be determined by the law firm based on the case circumstances and workload, without a unified government pricing. Generally, fees are charged on a per-case basis. Workers who are financially struggling can consult local legal aid agencies to apply for free representation. Compared with the withheld wages and possible compensation amounts, the cost of protecting rights according to the law is usually manageable. It is recommended to assert rights as soon as possible to avoid exceeding the one-year arbitration statute of limitations.

Q4: How long does it usually take from making a complaint to receiving a replacement item?

Labor inspections are generally completed within 60 working days after the case is filed, and the investigation period may be extended if the case is complex; labor arbitrations are concluded within 45 days from the date of acceptance, and the period may be extended by 15 days if the case is complex. In practice in Beijing, for cases involving maternity leave pay deductions with clear evidence, after the inspection orders the employer to make corrections or the arbitration tribunal issues a ruling, the employer usually complies with the requirements promptly. The overall duration ranges from several weeks to several months, depending on the employer's cooperation and the choice of procedures. It is recommended to fix the evidence and set a time limit in advance simultaneously.

Q5: My employer said that I need to use my paid leave for prenatal checkups. What should I do?

The unit's requirement to deduct prenatal checkup time from sick leave and annual leave is unlawful, and you can clearly refuse it and explain the reasons. First, submit a written application for prenatal checkup leave and attach the appointment certificate; Second, if your salary is still deducted, raise objections to the HR department and request a correction; Third, keep all the evidence and file a complaint with the labor supervision department or apply for arbitration. Note that you should not sign any documents, such as voluntarily requesting sick leave, which may be unfavorable to protecting your rights. Pregnancy-related rights are subject to special protection. If the unit exerts pressure on you, you can consult a lawyer in time.Attorney Feng NaWait for professional lawyers to evaluate the legal path.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.