A new mother in southwestern China took her company to court after it revoked her breastfeeding leave due to her illness, which made her unable to nurse her baby.
The woman, identified by her surname, Luo, from Sichuan province, had been granted maternity leave along with a one-month breastfeeding leave by the e-commerce company before the birth of her child in January 2022.
After her baby was diagnosed with jaundice, the doctor advised her to cease breastfeeding for two weeks until her child made a full recovery.
Do you have questions about the biggest topics and trends from around the world? Get the answers with SCMP Knowledge, our new platform of curated content with explainers, FAQs, analyses and infographics brought to you by our award-winning team.
Luo shared the diagnosis on her social media account. Upon noticing her post, the company demanded that she provide “breastfeeding proof”; otherwise, they would revoke her breastfeeding leave.
Additionally, the company sought compensation for the salary and social insurance contributions they had made during her leave.
In response, Luo filed for labour dispute arbitration, and the arbitration commission upheld her claim, affirming that she had sufficient proof.
The company subsequently appealed the decision in local court, but the court sided with Luo as well, noting that she resumed breastfeeding within the two-week period and had a hospital diagnosis supporting her need for the one-month breastfeeding leave.
According to regulations in Sichuan, women engaged in exclusive breastfeeding are entitled to an additional month of breastfeeding leave, beyond the standard six-month maternity leave.
As a result of the case being reported by Henan Television on February 20, the company faced backlash online.
“Such a stingy company,” commented one user on Weibo.
“Some Chinese companies need a comprehensive education on labour law,” said another.
“It is because of such companies that many women are disinclined to have children,” a third user remarked.
China’s annual new births reached a record high of 17.86 million in 2016, following the relaxation of birth controls, but have since declined for seven consecutive years.
The birth count in 2024 was 9.54 million, showing a slight increase over the previous year. Chinese demographer He Yafu attributed it to preferences parents have for babies born during the Year of the Dragon.
Despite regulations prohibiting inquiries about a job applicant’s marital status or children, many employers continue to intrude into applicants’ private lives, making single or childless marital status a barrier for numerous women seeking employment.
Some women have called for legal amendments to provide fathers with the same amount of paternity leave as mothers receive in maternity leave, reducing the discrimination women face in the job market.
Currently, new fathers in mainland China are granted between seven and 30 days of paternity leave.
More from South China Morning Post:
- ‘Why act against yourself?’ Chinese actress Jiang Xin favours celibacy over marriage
- Backlash as Chinese influencer claims to earn US$41,000 a day doing nothing
- China school demands parents sign up for physical discipline or pupils face forced transfer
- Chinese woman steals US$620,000 from company to seek ‘emotional value’ from male models
- Chinese man spends US$280 on 3-hour ring toss game, wins US$235,000 Maserati
For the latest news from the South China Morning Post download our mobile app. Copyright 2025.
