Can I get maternity allowance if I get divorced, and can I still receive maternity allowance after d

No. Maternity allowance is a living allowance provided by national law for working women during the period when they leave work due to childbirth. There are also certain conditions for receiving maternity allowance.

The conditions for receiving it are: the first employer has paid maternity insurance for the employee for more than one year. The second is that female employees who give birth have household registration in the city. Third, the relevant expenses during the childbirth period are in line with the relevant regulations on family planning. Fourth, according to relevant regulations, female employees will have abortions during childbirth.

The materials required to receive the maternity allowance are: the first is the information registration form of the person applying for the maternity allowance, the second is the maternity service certificate, or the contact form for the maternity service for people coming to Beijing from other places issued by the family planning office of the street where they live. The third is a medical diagnosis certificate, the fourth is a birth medical certificate, and the fifth is a marriage certificate.

From the above conditions and required materials, it can be seen that the divorce cannot handle the maternity allowance.

If the employee has paid social security in the month of production, and has paid social security for more than 1 year before, then he can enjoy the treatment of receiving maternity insurance. However, it will be implemented in accordance with local regulations. According to Article 54 of the Social Insurance Law, if an employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state.

The required funds are paid out of maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.

And the company has paid social security and pension insurance for you, hello! When receiving it, you must show the invoices at the time of childbirth, the baby's birth certificate and other materials.

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Yes! The condition is in line with the maternity policy, you must have a regular work unit, and you must pay the number of years in line with the local payment before you can apply.

Legal Analysis: Yes. The conditions for receiving maternity allowance are:

First, the employer has paid maternity insurance for the employee for more than one year. The second is that the female employees who give birth have the household registration of this high city. Third, the relevant expenses during the childbirth period are in line with the relevant regulations on family planning, etc.

Receiving maternity allowance does not matter whether you are divorced or not.

Legal basis: Social Insurance Law of the People's Republic of China

Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.

Article 54 Where an employer has already paid the basic fee for maternity insurance, its employees shall enjoy maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.

Summary. Hello, it's a pleasure to answer for you. [Legal Analysis]:

A woman who is divorced can receive a maternity allowance. As long as the maternity insurance premiums are paid normally and on time, then the maternity allowance can be taken. If you fail to pay or stop paying the maternity insurance premiums in time, you will not be able to enjoy the maternity allowance.

The relevant laws and regulations of our country stipulate that the employer cannot terminate the contract during pregnancy, and it can only do so until the maternity leave is completed, so the employer can be required to continue to perform the contract until the end of the maternity leave.

Hello, it's a pleasure to answer for you. [Legal Analysis]: A woman who is divorced can receive a childbirth feast.

As long as the maternity insurance premiums are paid normally and on time, then the maternity allowance can be taken. If you fail to pay or stop paying the maternity insurance fee in time, you will not be able to enjoy the maternity allowance. The relevant laws and regulations of our country stipulate that the contract cannot be terminated during pregnancy, and it can only be done until the maternity leave is completed, so the employer can be required to continue to perform the contract until the end of the maternity leave.

Legal basis]: Article 54 of the Law of the People's Republic of China on Social Bridge Selling Insurance Article 54 If an employer has already paid maternity insurance premiums, its employees shall enjoy the benefits of maternity insurance; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of the Advance Maternity Insurance**.

Maternity insurance benefits include maternity medical expenses and maternity allowances.

Divorce during pregnancy can be entitled to maternity allowance. As long as the employer of the employee pays the maternity insurance for the employee, the employee can enjoy the treatment of maternity insurance, which has nothing to do with whether the employee is divorced or not. Maternity insurance benefits include maternity benefits, so divorce during pregnancy can also receive maternity benefits.

[Legal basis].

Article 54 of the Social Insurance Law of the People's Republic of China provides that if an employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid from the maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.

Article 56 of the Social Insurance Law of the People's Republic of China Employees who have any of the following circumstances may enjoy maternity allowance in accordance with national regulations: (1) Female employees are entitled to maternity leave when they give birth; (2) Enjoy leave for family planning surgery; (3) Other circumstances provided for by laws and regulations. The maternity allowance shall be calculated and paid according to the average monthly salary of the employee in the previous year.

Legal Analysis: If your pregnancy was conceived before the divorce, then, after the birth of the child, your childbearing behavior should be defined as a legal childbearing behavior, whether it is maternity allowance or maternity leave, you can enjoy it. Of course, the prerequisites for enjoying the "maternity allowance" are:

Your employer should have paid maternity insurance for you in accordance with the law.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation is ineffective, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The maternity allowance of maternity insurance is paid by the insurance compensation for the maternity employee, and is not transferred by the marital relationship. Similarly, property belonging to one of the spouses will not be involved in the division of property in the divorce.

Legal basis: Social Insurance Law

Article 54 Where an employer has already paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; Employees who are not employed and are married to cherry husbands are entitled to maternity medical expenses in accordance with national regulations. The required funds are paid out of maternity insurance**.

Maternity insurance benefits include maternity medical expenses and maternity allowances.

Article 55 Maternity medical expenses include the following:

1) Medical expenses for childbirth;

2) Medical expenses for family planning;

3) Other project expenses of Qiye as stipulated by laws and regulations.

On the question of whether I can receive maternity allowance without a marriage certificate, I am as follows: China's "Provisions on Labor Protection of Female Employees" stipulates that "female employees are entitled to no less than 90 days of maternity leave when they give birth. It shows that a woman's maternity leave is statutory, regardless of whether her birth is in line with the family planning policy, if you request to take maternity leave to your employer, your employer should also unconditionally approve it.

The purpose of such a provision is to ensure that expectant mothers recover their health, and the enjoyment of maternity leave is not subject to the premise of compliance with the family planning policy, as long as there is the fact of childbirth, they should enjoy 90 days of maternity leave. In addition, the Labor Law of the People's Republic of China also stipulates a number of other provisions on the three-term protection of female employees, which are applicable to all female employees.

Article 18 of the Population and Family Planning Law of the People's Republic of China stipulates that the State advocates marriage, childbearing, and eugenics at the appropriate age. A couple can have three children. Where the requirements provided by laws and regulations are met, arrangements may be made to arrange for the birth of another child.

The specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees. Ethnic minorities should also practice family planning, and the specific measures for bringing family planning to the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees shall be formulated. Where there are inconsistencies between the provisions on the reproduction of children between the provinces, autonomous regions, or municipalities directly under the Central Government where the husband and wife are registered, they are to be applied in accordance with the principle of benefiting the parties.