By King & Wood’s Labor Group
On November 21, 2011, the Legislative Affairs Office of the State Council released a notice to solicit public comments on the Regulations on Special Labor Protection for Female Employees (the "Draft Regulations"). The deadline for receiving comments on the Draft Regulations is December 23, 2011. The appendix of the Draft Regulations lists the scope of work prohibited to be assigned to female employees.
By referring to regulations provided by the International Labor Organization Convention (the "ILO Convention"), the Draft Regulations increase the minimal maternity leave period from 90 days to 14 weeks. Furthermore, the Draft Regulations stipulate that female employees may have at least 2 weeks in maternity leave for miscarriages within four months of being pregnant; while female employees that miscarried after four months should have at least 6 weeks of maternity leave.