[Direct answer]Yes. According to Article 6 of the "Special Regulations 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 the checkups counted as working hours. Prenatal checkups are considered as work, and employers may not deduct wages, attendance points, or convert them into sick leave. If the employer handles prenatal checkups as sick leave or personal leave, it constitutes wage deduction, and the female employees may request compensation and claim corresponding responsibilities according to law. If the employer transfers or reduces the salary of female employees on the grounds of frequent prenatal checkups, or discriminates against them in disguise, it also violates the special protection rules for pregnancy.

I. Problem Background and Typical Scenarios

In the late stages of pregnancy, the frequency of prenatal checkups increases to once every two weeks, each lasting half a day. HR's attitude has changed from "understanding" to "deducting money from employees' salaries for taking leave". Many expectant mothers, fearing that it might affect their work evaluations, prefer to take leave and go for checkups secretly — the working hours of prenatal checkups are clearly stipulated in the law. What people are arguing about is not the principle, but the implementation of the policy.

II. Key points of contention

First, the working hour nature of prenatal checkups and the illegality of deducting salaries. Second, the rationality of determining the frequency of prenatal checkups. Third, the boundaries of job transfer and salary reduction during pregnancy. Fourth, the conflict between prenatal checkup rights and the attendance system.

III. Professional analysis by Henglue Lawyers

The implementation of labor rights during pregnancy can be broken down into three layers: "treatment - position - procedure". **First layer: Legal classification of prenatal checkup time** Article 6 of the *Special Regulations on Labor Protection for Female Employees* explicitly states that prenatal checkup time counts as working hours. The rationale is that pregnancy-related health care is considered an integral part of labor protection rather than a personal matter. Therefore, wages during prenatal checkups should be paid normally, not deducted as sick leave, and approval barriers should not be imposed on grounds of "excessive frequency". In practice, employers typically provide appointment certificates to allow employees to proceed with their appointments and treat the time as attendance. **How to recover withheld wages**: First, communicate with HR in writing and present the regulations. If they refuse to rectify the situation, preserve attendance records and pay slips. Complaints can be filed with labor inspectors or arbitration tribunals to claim back pay within the one-year statute of limitations. **Second layer: Protection of pregnancy-related positions and compensation** During pregnancy, maternity leave, and breastfeeding periods, female employees are subject to special protections under the "Three Periods" policy: - No reduction in wages, dismissal, or contract termination due to pregnancy (Article 42 of the Labor Contract Law restricts termination; Article 45 extends the contract period). - No assignment to jobs prohibited during pregnancy (see the Special Regulations' appendix for prohibited tasks). - If adjustments to positions are necessary due to health reasons, they must be negotiated with the employee and not result in reduced wages. Strategies like assigning marginalized positions or covertly forcing resignations through frequent prenatal checkups often fail in arbitration. **Third layer: Handling conflicting policies** Some companies enforce a one-size-fits-all attendance rule: "Two hours off work counts as half a day of sick leave". Such clauses violate Article 6. Three key actions for pregnant employees: - Report and retain appointment slips before checkups. - Obtain written approval for pay deductions. - Immediately document any shifts in positions or pay changes. Two complementary rights: - Beyond checkups, night shifts and overtime during pregnancy are similarly restricted (no extended hours or night shifts after seven months). - Maternity insurance covers checkup costs, which do not conflict with wage rights. In Beijing, labor inspectors and arbitration tribunals strictly enforce the "Three Periods" protections. Evidence requirements focus on attendance records, pay slips, and communication logs. Proactive documentation is far more effective than post-incident disputes. --- ### Translation Notes: 1. Legal terms (e.g., "三期", "事假") are translated with official equivalents. 2. Company policies conflicting with higher-level regulations are highlighted as unenforceable. 3. Practical guidance on evidence collection and legal procedures is emphasized. 4. Regional specificities (e.g., Beijing's enforcement standards) are preserved. 5. Technical terms like "预约凭证" are translated to ensure clarity. 6. Case studies and practical examples enhance understanding. --- ### Key Takeaways: - Prenatal checkups count as working hours, not sick leave. - Employers must comply with special protections during pregnancy, maternity leave, and breastfeeding. - Systemic conflicts with company policies must be resolved in favor of employees. - Evidence-based documentation (e.g., attendance records, pay slips) is crucial for successful claims. - Legal precedents in Beijing emphasize proactive compliance and timely preservation of evidence.

IV. Practical suggestions and legal basis

The first step is to report and retain the appointment and examination certificates according to the procedure for prenatal checkups; the second step is to save the attendance records and pay slips if your salary has been deducted, and raise objections in writing; the third step is to obtain evidence of fixed written notifications of job transfer and salary reduction, and promptly claim restoration; the fourth step is to file a complaint with the labor supervision authority or apply for arbitration within one year if the employer refuses to correct the situation. Main legal basis: Article 6 and the Appendix of the "Special Regulations on Labor Protection for Female Employees" (implemented on April 28, 2012); Articles 42 and 45 of the "Labor Contract Law of the People's Republic of China" (amended and implemented on December 28, 2012); the provisions on labor rights protection in the "Law of the People's Republic of China on the Protection of Women's Rights and Interests" (amended and implemented on January 1, 2023); and the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points regarding prenatal checkups: Prenatal checkups are considered work hours, and withholding pay is considered unfair deduction; the three-period protection is the minimum standard, and changes in job assignments or salary reductions require negotiation; keeping records and following procedures are essential, and complaints and arbitration are both viable options. For issues related to labor rights during pregnancy, you can seek assistance through the following channels:Labor arbitration and work-related injury compensationThe service provides a comprehensive solution that can be used to resolve compensation disputesSpecial servicesFor reference, you can check the salary recovery process in the document titled "Employee Handbook".Creditor's rights and debts, and enforcementFor more information on employment compliance for enterprises, please feel free to consult us.Intellectual property protection and corporate lawTeam.

VI. Frequently Asked Questions

Q1: Do I need to request leave from my employer in advance for prenatal checkups?

It is recommended to report and provide the proof of the prenatal checkup appointment according to the unit's procedures. This is not only to cooperate with the management but also to keep a record. Legally, the time spent on prenatal checkups is counted as working hours, and the unit is not allowed to deduct salaries or treat it as absenteeism.

Q2: What should the unit do if it deducts the salary for prenatal checkups as sick leave?

Submit a written objection citing Article 6 of the "Special Provisions on Labor Protection for Female Workers", and if the employer refuses to correct the situation, keep evidence of the deduction of wages and file a complaint with the labor supervision authority or apply for arbitration to recover the unpaid wages within the one-year statute of limitations.

Q3: Can I refuse to be transferred to a new position and have my salary reduced during pregnancy?

Yes. Amendments to the labor contract should be made by mutual consent. It is illegal to unilaterally transfer a pregnant employee to a different position or reduce her salary. Unless there are statutory contraindications requiring protective adjustments without a pay cut, the employee can refuse the changes and demand to return to her original position and salary level.

Q4: How much does it cost and take to protect one's rights?

The monitoring of complaints is free, arbitration does not charge fees, and attorney fees are negotiated based on the value of the case; single salary deduction disputes can be resolved within a few months, and the dispute period corresponding to the transfer of positions and termination of employment will be extended accordingly.

Q5: During which months of pregnancy is it not allowed to schedule night shifts or overtime work?

For female employees who are more than seven months pregnant, employers shall not extend their working hours or arrange night shifts for them, and shall arrange a certain amount of rest time during working hours. The time spent on prenatal checkups shall be included in the working hours.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for 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.