The State stipulates when maternity leave generally begins to be taken

Maternity leave refers to the leave treatment of in-service female employees before and after childbirth in accordance with the national family planning policy, generally from half a month before childbirth to five and a half months after childbirth.

Maternity Leave Payroll Standards:

1. Fetal leave - wages are paid according to sick leave.

Fetal leave is certified by a doctor, so it is paid according to the sick leave treatment.

2. During maternity leave - all wages are paid.

If an employer pays maternity insurance for a female employee, the maternity allowance that the employee shall enjoy shall be calculated and paid according to the average monthly salary of the employee in the previous year divided by 30 and multiplied by the prescribed number of vacation days at the time of the employee's birth or family planning surgery.

The average monthly wages of employees of an employer in the previous year shall be determined by dividing the sum of the total monthly wages of the insured employees of the employer in the previous calendar year as approved by the social insurance agency by the sum of the number of insured employees in each month. If the employer does not have the average monthly salary of its employees in the previous year, the maternity allowance shall be calculated on the basis of the average monthly salary of the employees of the employer in the current year.

The maternity leave stipulated by the state generally lasts from half a month before childbirth to two and a half months after childbirth, and can be extended to four months before and after late marriage and childbirth.

Article 7 of the Special Provisions on Labor Protection of Female Employees: Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days can be taken before childbirth; in case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave shall be increased by 15 days for each additional child. If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.

Article 8: For female employees who have participated in maternity insurance, the maternity allowance during maternity leave shall be paid by maternity insurance according to the standard of the average monthly salary of employees of the employer in the previous year; For those who have not participated in maternity insurance, the employer shall pay the salary of the female employee before the maternity leave.

The medical expenses for childbirth or miscarriage of female employees shall be paid by the maternity insurance in accordance with the items and standards stipulated in the maternity insurance, and for those who have already participated in the maternity insurance**; For those who have not participated in maternity insurance, the employer shall pay for it.

The state stipulates that if you are pregnant for more than 7 months, if you have a work permit, you can apply for two and a half months of prenatal leave after applying for it yourself and the approval of the unit, and you can apply for it after seven months of pregnancy.

1. The State stipulates that working women must take leave before and after childbirth:

1.Maternity leave: 98 days + 15 days (dystocia) + 15 days (for each additional child born to multiple births);

2.Prenatal examination: Prenatal examination (including the initial examination within 12 weeks of pregnancy) carried out by a female employee during pregnancy within the working hours agreed upon by the health care institution shall be counted as working time.

Some enterprises count the time for prenatal check-ups for pregnant female employees during working hours as sick leave, absenteeism, etc., infringing on the legitimate rights and interests of female employees);

3.Prenatal break: If you are more than seven months pregnant, take a one-hour break every day, and no night shift work shall be arranged;

2. The State stipulates that working women may take leave before and after childbirth:

1.Prenatal leave: If you are pregnant for more than 7 months, if you have a work permit, you can take two and a half months of prenatal leave upon application and approval by your employer.

In some cases, where local laws and regulations stipulate that leave must be granted, the employer shall approve the leave. For example, Shanghai stipulates that "if a person has a history of habitual miscarriage, severe pregnancy syndrome, pregnancy complications, etc., which may affect normal childbirth, he or she shall apply for prenatal leave if he or she is certified by a second-level health care institution or above." ”；

2.Breastfeeding leave: After giving birth, if a female employee has difficulties and a work permit, she can apply for a breastfeeding leave of six and a half months with the approval of the unit;

3.Fetal leave: the doctor will issue a certificate and be treated as sick leave;

4.Due to the actual situation in different places.

Fifteen days before giving birth is normal, and if it is something else, it can be a month earlier.

The state stipulates that maternity leave generally begins 15 days before the birth. According to the "Provisions on Labor Protection of Female Employees": Article 5:

An employer shall not reduce the wages of a female employee, dismiss her, or terminate her labor or employment contract because she is pregnant, giving birth, or breastfeeding. Article 6: If a female employee is unable to adapt to her original work during pregnancy, the employer shall, on the basis of the certificate of the medical institution, reduce the amount of work or arrange other work that can be adapted.

For female employees who are more than 7 months pregnant, the employer shall not extend the working hours or arrange night shifts, and shall arrange a certain amount of rest time during the working hours. Pregnant female employees undergo prenatal check-ups during working hours, and the time required is included in the working hours. Article 7:

Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth; in case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave shall be increased by 15 days for each additional child. If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.

Special Provisions on Labor Protection of Female Employees

Article 7:Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth;

in case of dystocia, the maternity leave shall be increased by 15 days;

In the case of multiple births, the maternity leave shall be increased by 15 days for each additional child. If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave;

If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.

Special Provisions on Labor Protection of Female Employees

Article 9. For female employees who are nursing infants under the age of one, employers are not allowed to extend working hours or arrange night shifts. The employer shall arrange a 1-hour breastfeeding break for lactating female employees during their daily working hours;

If a female employee gives birth to multiple babies, the breastfeeding time shall be increased by 1 hour per day for each additional baby breastfed.