试论我国"延长生育假"的立法完善:兼具国内法治与涉外法治的视角OACHSSCD

Improving the maternity leave system is an important measure to address demographic transition and protect women's reproductive and labor rights.Based on a review of major laws and regulations,and comparing with ILO standards,this study analyzes institutional differences.It finds that China has formed a maternity leave system based on 98 days of statutory maternity leave supplemented by"extended maternity leave"stipulated by provincial-level local regulations.However,"extended maternity leave"faces problems such as low legislative level,unclear legal positioning,and large provincial disparities.Incorporating"extended maternity leave"into the extension of statutory maternity leave faces challenges in defining legislative nature and matching ILO conventions.The study suggests that legislation at the national level should clarify the maternity leave attribute and unified standards of"extended maternity leave",improve the leave treatment and cost-sharing mechanism,strengthen the shared responsibility of the government,society,and employers,eliminate employment discrimination against women,and enhance the standardization,fairness,and protection level of the maternity leave system to comprehensively raise their fertility intentions.