How to pay during maternity leave, how to pay during maternity leave

If the maternity allowance is higher than the maternity leave salary standard, the employer shall not deduct it, and if the maternity allowance is lower than the maternity leave salary standard, the employer shall make up the difference.

1) The maternity allowance shall be calculated and paid according to the average monthly salary of the employer where the employee works by 30 days and multiplied by the number of days of maternity leave; Among them, the average monthly salary of the employer where the employee works is the average monthly salary of the employee in the previous year.

2) To calculate your salary during childbirth, you need to know the monthly payment base of your employer. If the average monthly salary of the employer is greater than 4,500 of your current salary, the average monthly salary of the employer of the employee is divided by 30 days and multiplied by the number of days of maternity leave. If your salary is greater than the average monthly contribution wage of your employer, it will be calculated according to your current salary rate.

3) If your employer only pays you 1,550 yuan during your maternity leave, it is completely illegal. Including your social security base is calculated according to the minimum wage, which is also against the law. For arbitration procedures, you can call the local Human Resources and Social Security Bureau** (12333) for consultation, or log in to the labor dispute arbitration window of the Guangzhou Municipal Social Security Bureau** for relevant information.

4) The maternity insurance benefits in Guangzhou mainly include maternity allowance, one-time maternity nutrition subsidy, one-time subsidy and maternity medical expenses. The one-time maternity nutrition subsidy shall be calculated and paid separately by the employer according to a certain proportion of the average monthly salary of the on-the-job employees in Guangzhou in the previous year, and shall not be paid as a wage to the insured. The relevant ratios are as follows:

Smooth delivery: one-time childbirth nutrition subsidy = the average monthly salary of on-the-job employees in the city in the previous year x 25%.

Dystocia: one-time childbirth nutrition subsidy = 50% of the average monthly salary of municipal employees in the previous year.

Multiple births: one-time delivery nutrition subsidy = 50% of the average monthly salary of municipal employees in the previous year.

Miscarriage (more than 7 months): one-time delivery nutrition subsidy = average monthly salary of on-the-job employees in the city in the previous year x 25%.

In 2012, the average monthly salary of on-the-job workers in Guangzhou was 5,313 yuan, and the data for 2013 is not yet available).

Caesarean section is calculated with reference to dystocia.

Nowadays, many small enterprises are not standardized, and they are smart enough to reduce labor costs by changing the wage results, but they don't know how much of a loophole they have left.

Hope it helps.

In accordance with the relevant provisions of the state, the maternity leave of female employees shall not be less than 90 days, including 15 days of prenatal leave. In case of difficult birth, 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.

During the period of maternity leave, if the employer participates in maternity insurance, the social insurance institution shall pay the maternity allowance; If the employer does not participate in maternity insurance, the employer shall pay the salary during the maternity leave.

If a female employee has a miscarriage within 4 months of pregnancy, she shall be given 15-30 days of maternity leave; If the pregnancy is more than 4 months old, the abortion shall be granted 42 days. During maternity leave, wages are paid.

In addition, for employees who give birth late, there are certain provisions on reward leave. For example, Beijing stipulates that female employees who give birth late (over 24 years old) will be given an additional 30 days of incentive leave; Incentive leave can also be enjoyed by male employees; If the employee does not take incentive leave, the reward shall be given according to the standard of the woman's basic salary of one month.

During the maternity leave of a female employee, the employer shall not terminate the labor contract even if the labor contract expires.

Female employees enjoy salary benefits during maternity leave, which is different from that of enterprises and public institutions. If a female employee of an enterprise is given maternity insurance, the salary during the maternity leave shall be paid by the maternity insurance institution in accordance with regulations. Enterprises that do not provide maternity insurance to female employees shall be paid wages by the enterprise.

This is the base salary. Other additional wages are calculated and paid by the enterprise due to different operating conditions and different regulations.

During the maternity leave period of female employees of government agencies and public institutions, according to the Circular of the Ministry of Personnel on the Calculation and Payment of Wages for Female Employees of Government Organs and Institutions during Maternity Leave (February 24, 1994), the wages of female employees during the maternity leave period stipulated by the state shall be calculated and paid according to the sum of the following items: 1For the personnel of the organs who implement the rank salary system, it is the salary of their own position, grade salary, basic salary and seniority salary; 2.

For the skilled workers of the organs, it is the salary of their own post, the salary of the technical level (position) and the bonus calculated according to the proportion prescribed by the state; 3.For ordinary workers in government agencies, it is the salary of their own post and the bonus calculated in proportion to the state; 4.For employees of public institutions, the salary of their position (technical level) and the allowance calculated in accordance with the proportion prescribed by the state (among them, for sports athletes, it is the basic allowance and performance allowance for their own sports).

Two standards can be issued.

1. If the company's wage management regulations have a clear wage payment method for maternity leave, it can be paid in accordance with the regulations. Maternity leave pay cannot be lower than the basic wage rate.

3. Female employees are entitled to maternity allowance during maternity leave according to regulations, which shall be calculated according to the monthly average salary of the employee in the previous year divided by 30 days and multiplied by the number of maternity leave days, and shall be allocated to the employer by the social insurance agency, and the employer shall pay the maternity allowance according to the actual salary income of the employee. The number of days of maternity leave for the calculation of maternity allowance is based on the number of natural days.

4. The maternity allowance is the salary during the maternity leave, and if the actual salary income of female employees (including those who originally received non-full wages) is lower than the minimum wage standard of the city, it shall be calculated and paid according to the minimum wage standard of the city.

Legal analysis: During the maternity leave, the enterprise does not pay wages, and Huaipi Social Insurance pays the maternity insurance allowance, so it is impossible for the enterprise to require employees to go to work. Unless the enterprise does not participate in social insurance for its employees, the enterprise will pay the wages.

During the maternity leave, if the enterprise requires the employee to go to work, it is a violation of the lead law, and the employee can refuse.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 25 Couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.

Special Provisions on Labor Protection for Female Employees》 Article 7 Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days may 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 can 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. Oak Letter.

Summary. Hello. Legal Analysis:

How to pay wages during maternity leave: 1. For those who have participated in maternity insurance, they shall be paid by maternity insurance according to the standard of the average monthly salary of employees of the employer in the previous year; 2. For those who have not participated in maternity insurance, the employer shall pay the wages of female employees before maternity leave, and female employees shall enjoy 98 days of maternity leave, of which 15 days can be taken before childbirth; In case of difficult birth, 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, and if the female employee miscarries less than 4 months of pregnancy, she shall enjoy 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.

Hello. Legal Analysis: How to Pay Wages During Maternity Leave:

1. For those who have participated in maternity insurance, it shall be paid by maternity insurance according to the standard of the average monthly salary of employees of the employer in the previous year; 2. For those who have not participated in maternity insurance, the employer shall pay the wages of female employees before maternity leave, and female employees shall enjoy 98 days of maternity leave, of which 15 days can be taken before childbirth; If it is difficult to give birth, 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, and if the female employee miscarries less than 4 months of pregnancy, she shall enjoy 15 days of maternity leave; If the pregnancy is more than 4 months old, Kaiqingqi miscarriage is entitled to 42 days of maternity leave.

Article 7 of the Special Provisions on Labor Protection for Female Employees provides that female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth; In case of difficult birth, 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, and if the female employee miscarries less than 4 months of pregnancy, she shall enjoy 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage is carried out, the maternity allowance during the maternity leave of 42 days of maternity leave Article 8 of the female employee shall be paid** by the maternity insurance according to the standard of the average monthly salary of the employee of the employer in the previous year; For those who have not participated in maternity insurance, the employer shall pay the medical expenses of the female employee for giving birth or having a miscarriage in accordance with the standard of the salary before the maternity leave, and the maternity insurance shall pay for those who have already participated in the maternity insurance in accordance with the items and standards stipulated in the maternity insurance; For those who have not participated in maternity insurance, the employer shall pay for it.

The maternity allowance is the same as the maternity leave pay, or is it separated.

Separate. The two are not the same.

Can both mothers enjoy it, or can only choose one or the other?

All can be enjoyed.

The maternity allowance is a one-time payment.

It is not linked to wages.

Legal analysis: The payment of wages during maternity leave is as follows: 1. If the unit has paid maternity insurance, the enterprise does not need to pay wages to employees during maternity leave, but the company applies for maternity allowance for female employees with their maternity certificates, and the maternity allowance is used as the salary of female employees during maternity leave.

2. If the employer does not pay maternity insurance, the company shall pay wages according to normal attendance during maternity leave. First dress.

Legal basis: Article 8 of the Special Provisions on Labor Protection of Female Employees Article 8 The maternity allowance for female employees during maternity leave shall be paid by maternity insurance according to the standard of the average monthly wage of the employee in the previous year of the employer; 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 do not participate in the deferred maternity insurance, the employer shall pay for it.

First, the salary of the pregnancy protection leave is paid according to the sick leave The pregnancy protection leave is certified by the doctor, so the salary is paid according to the sick leave treatment. Second, for prenatal leave, the salary is paid at 80%. 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, if the local regulations stipulate that leave must be given, the employer shall approve the leave, and the salary shall be paid according to 80% of the employee's previous monthly actual salary standard. Third, maternity leave, maternity allowance Maternity leave includes: 98 days + 30 60 days (extended maternity leave in the provincial population and planned birth regulations) + 15 days (dystocia) + 15 days (for each additional baby born to multiple births), receive maternity allowance.

The above is related to how to pay for employment during maternity leave.

Special Provisions on Labor Protection of Female Employees

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.

Special Provisions on Labor Protection of Female Employees

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.

If your employer does not pay maternity insurance for female employees, then your maternity leave pay should be paid by the employer. Of course, the maternity leave pay paid to female employees by each unit and enterprise will vary according to the regulations of each region and the system of the unit or enterprise, but according to the provisions of the state, the maternity leave salary shall not be lower than the basic salary of the employee. Maternity pay stipulates that maternity leave, and the salary "shall be taken in full."

The first type is that the employer pays maternity insurance for female employees, and the treatment of female employees during maternity leave is: 1. Maternity allowance; 2. Maternity medical expenses; 3. Medical expenses for family planning surgery; 4. Other expenses stipulated by the state and the city.

All of the above fees are covered by social security**. As for the question of how to pay your salary during maternity leave, it is worth noting that in this case, the maternity allowance should be regarded as the maternity leave salary of the female employee, but because the calculation method of the maternity allowance is:

If the amount of the allowance is calculated by dividing the payment base of the filial employee in the month of childbirth by the number of days of maternity leave, the amount of the allowance may be lower than the amount of the female employee's salary. Therefore, if the amount of maternity allowance is lower than the salary of the female employee, the employer shall make up the difference.