Female employees who have a miscarriage before the fourth month of pregnancy

How many days of maternity leave is there for a miscarriage before the fourth month of pregnancy? In response to this question, relevant personnel said that under normal circumstances, there is a 15-day maternity leave. Many companies arbitrarily withhold maternity leave from female workers for various reasons. The promulgation of the "Regulations on Labor Protection for Female Employees" protects the interests of female workers.

How many days of maternity leave if the pregnancy is less than 4 months?

The "Special Provisions on Labor Protection for Female Employees" stipulate that there is maternity leave for miscarriage, but the number of days of maternity leave depends on the length of the pregnancy: if the pregnancy is less than 4 months and the miscarriage occurs, the maternity leave is 15 days.

The full text of the Special Provisions on Labor Protection for Female Employees requires:

Pregnant female workers are entitled to 98 days of maternity leave, including 15 days of leave before delivery; if the pregnant woman has a difficult delivery, the maternity leave is extended by 15 days; if the pregnant woman is pregnant with twins, the maternity leave is extended by 15 days for each additional baby.

If a female worker has a miscarriage before the fourth month of pregnancy, she is entitled to 15 days of maternity leave; if she has a miscarriage after the fourth month of pregnancy, she is entitled to 42 days of maternity leave.

For female workers who have miscarriages, the Regulations on Labor Protection for Female Employees only require that "a certain period of maternity leave be granted." In order to protect the interests of female workers who have miscarriage, maternity leave for miscarriage has been established.

Six regulations on labor protection for female workers

Article 1 These regulations are formulated in order to reduce and address the unique difficulties faced by female workers due to their physiological characteristics and to protect the physical and mental health of female workers.

Article 2 Party and government organs, enterprises, institutions, social organizations, individual economic organizations and other social development organizations in the People's Republic of China that employ persons and female workers may apply these requirements.

Article 3 Employers should enhance labor protection for female workers, take effective measures to improve the health and safety standards of female workers, and provide professional knowledge training on labor health and safety for female workers.

Article 4 Employers should comply with the requirements of the category of workers in which female workers are not allowed to work. Employers should inform female workers in writing of the positions in the company that are prohibited for female workers to work in.

The categories of workers that female workers are not allowed to work in are listed in the appendix to these requirements. The State Council's work safety supervision unit will work with the State Council's human resources and social security administrative departments and the State Council's environmental health administrative departments to adjust the scope of workers that female workers are not allowed to work in based on social and economic development conditions.

Article 5 An employer may not reduce a female worker's salary, dismiss her, or terminate her employment contract due to her pregnancy, childbirth, or breastfeeding.

Article 6 If a female worker cannot return to the original workforce during her pregnancy, the employer shall, based on the certification of the designated medical institution, provide relief for the worker or assign other workers who can return to the workforce.

For female workers who are more than seven months pregnant, employers cannot increase working hours or assign them to night shifts, and should allocate a certain amount of work and rest time within the working hours.

Pregnant female workers shall undergo pregnancy checkups during their working hours, and the time required shall be recorded as working hours.