One of my subscribers, whom I’ll refer to as Zoe for confidentiality, reached out to me with a concern. Zoe, who was expecting, had informed her school of her pregnancy. In response, the school stated that her maternity leave would be unpaid, citing three reasons:

1. Her foreign nationality, as she was not Chinese.
2. Her lack of enrollment in the social insurance scheme.

3. The school’s policy of not providing paid maternity leave.

Clearly, the three reasons provided by the school for denying paid maternity leave were unlawful. Foreign nationals are entitled to the same maternity benefits as Chinese citizens, enrollment in social insurance is compulsory, and legal statutes take precedence over any school policy.

Consequently, I advised Zoe to initiate action by sending a formal letter from a lawyer to the school. This letter would outline the illegality of their intentions and inform them that failure to comply with the law could result in legal action against them.

Essentially, the crux of the lawyer’s letter emphasized that Zoe, being lawfully employed by the school, was entitled to fully paid maternity leave regardless of her foreign nationality. Furthermore, due to the school’s failure to enroll her in social insurance, it was incumbent upon them to compensate her maternity leave from their own funds.

Upon receipt of our assertive letter, the school agreed to provide full payment for Zoe’s maternity leave. Zoe was delighted with this outcome and is now contentedly taking her maternity leave at home.

It’s important to note that terminating employment due to pregnancy is also illegal. If you are dismissed while pregnant, you may be eligible for double the standard severance pay. Additionally, it’s worth mentioning that maternity leave rights are still granted in the unfortunate event of a miscarriage. You are entitled to 15 days of leave if the miscarriage occurs within the first four months of pregnancy, and 42 days if it happens after the fourth month.

Finally, it’s possible to commence maternity leave 15 days prior to the expected date of delivery. To do this, you must apply in a timely manner and provide the necessary medical documentation. Although the process requires an application, it does not imply that the employer has the authority to deny the leave. Essentially, this serves as a formal notification to the employer, advising them of the impending leave so that arrangements can be made to cover job responsibilities during the absence.