Bonus benefits for women on childcare leave

Parental leave is an employer's benefit, and bonus benefits are the employer's autonomy.

As far as female employees give birth, the current laws and regulations only stipulate that there is maternity leave, and breastfeeding female workers who are breastfeeding at the end of the maternity leave are required to have a breastfeeding time, that is, a breastfeeding time of one hour for each breastfeeding baby is arranged for lactating female employees during the daily working hours, which does not affect wages and benefits. However, there is no provision for parental leave for breastfeeding children.

Parental leave is a preferential measure given by the employer to female employees with children in the employer outside the provisions of the state, and the leave period and treatment standards shall be determined by the employer in accordance with the law, and the distribution of bonuses is the autonomy of the employer.

Each unit is different, and the enterprise is very different. I am from the bank, and during my maternity leave, I deducted a lot of bonuses.

The State stipulates that maternity leave shall not be less than 60 days, and the basic salary shall be paid during the maternity leave.

The region is different, the company is not the same, the regulations are different, you may also need to refer to the company has relevant regulations, if the company has this regulation, you can't help it, really can't, you just go to a lawyer to ask, they should know best.

This may be subject to the relevant regulations on breastfeeding leave.

During maternity leave, if the employer has purchased maternity insurance, it can enjoy maternity allowance; If the employer does not purchase maternity insurance, the employer shall pay wages in accordance with the labor contract. Bonuses are not part of the salary, so they are not paid. During the period of maternity leave, the salary of female employees shall be suspended, and the maternity allowance shall be changed, and for those who have participated in maternity insurance, the maternity insurance 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 salary of the female employee before the maternity leave.

The maternity allowance for female employees who have participated in maternity insurance already includes all the bonuses of the previous year, and it is not illegal to deduct the bonuses and year-end bonuses during the maternity leave of the current year; Those who do not participate in the performance of courage shall be paid to the tenant according to the salary standard before the maternity leave, and shall only subtract the remaining salary of overtime pay (the bonus type guess metal is in the salary category).

Article 7 of the Special Provisions on Labor Protection for Female Employees is entitled to 98 days of maternity leave for childbirth, 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 already participated in maternity insurance, the maternity allowance shall be paid by the maternity insurance fund according to the standard of the average monthly salary of the employee 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.

1. What are the maternity leave benefits for female employees?

1. For pregnancy leave, wages are paid according to sick leave.

Fetal leave is certified by a doctor, so wages are paid according to sick leave.

2. For prenatal leave, the salary will be 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 granted, the employer shall approve the leave, and the salary shall be paid according to 80% of the employee's previous monthly actual salary standard.

3. Maternity leave and maternity allowance.

In areas where the social pooling of maternity insurance is implemented, the payment standard shall be paid according to the standard of the average monthly wage of the employees of the enterprise in the previous year; In areas where there is no social pooling of maternity insurance, the maternity allowance shall be paid by the enterprise or unit, and the standard shall be the basic salary and price subsidy for female employees before giving birth.

4. Breastfeeding leave, six and a half months according to the salary of eighty percent, and then extended period according to seventy percent.

After giving birth, if a female employee has difficulties and a work permit, she shall apply for a breastfeeding leave of six and a half months with the approval of the unit, and the salary shall be paid at 80% of the employee's previous monthly actual salary standard, and then extended by 70% of the actual salary standard.

If the contract signed between the employer and the employee stipulates the time and amount of the annual bonus, it is an illegal act for the employer to deduct the employee's year-end bonus during the employee's maternity leave, and there is no legal basis, and the employee shall be paid according to the original salary during the maternity leave.

According to Article 8 of the Special Provisions on Labor Protection of Female Employees, the salary of female employees shall be suspended during the maternity leave, and the maternity allowance shall be generated by the change, and the employer shall pay the maternity insurance according to the standard average monthly salary of the workers who have participated in the maternity insurance; For female employees who have not participated in maternity insurance, the employer shall pay them according to the wage standard before the maternity leave.

The maternity allowance for female employees participating in maternity insurance has included all the bonuses of last year's employees, so it is not illegal to deduct the bonus and year-end bonus during this year's maternity leave; If they do not participate in maternity insurance, they shall be paid according to the salary standard before maternity leave, and the remaining salary shall be just subtracted from overtime wages (bonuses belong to the category of wages).

2. Provisions on family planning leave.

1. If a female employee is pregnant according to family planning and needs to take a break from the fetus after a doctor's certificate, the time of the fetal rest shall be handled in accordance with the provisions of the disease treatment implemented by the unit.

2. Female employees who receive sickness relief after taking rest and sick leave for more than 6 months may stop paying sickness relief from the date of birth at the time of family planning, and pay maternity leave wages instead, and enjoy other maternity benefits. If a person is still required to take sick leave after the expiration of the maternity leave, the sickness relief allowance shall continue to be paid from the date of the expiration of the maternity leave.

3. If a female employee who is on a child's leave and still needs to take sick leave after the expiration of her maternity leave, her sick leave time shall be calculated together with the sick leave before childbirth and the time of the fetal rest period. It's a long time.

4. Female employees who are pregnant in accordance with family planning shall still be handled in accordance with the relevant regulations of the province and municipality for their fetal protection, sick leave and rest, and waiting for the withering of ants during childbirth. The former Department of Insurance and Welfare of the State Administration of Labor issued a reply to the Shanghai Municipal Labor Bureau on the treatment of female employees when they give birth after more than six months of pregnancy protection rest and sick leave, which is applicable nationwide.

3. Reimbursement scope of maternity insurance.

1. Maternity medical expenses.

The examination fees, midwifery fees, surgery fees, hospitalization fees and medicine expenses for female employees who give birth are paid by maternity insurance**. The medical business expenses and drug expenses (including the drug expenses for self-financed drugs and nutritional drugs) in excess of the prescribed regulations shall be borne by the employees themselves.

After a female employee is discharged from the hospital after giving birth, the medical expenses for diseases caused by childbirth shall be paid by maternity insurance**; Medical expenses for other diseases shall be handled in accordance with the provisions of medical insurance benefits. After the expiration of maternity leave, if a female employee needs to rest due to illness, it shall be handled in accordance with the provisions on sick leave and medical insurance benefits.

2. Maternity allowance.

Female employees are entitled to maternity allowance during maternity leave in accordance with the law, which is calculated and paid according to the average monthly salary of employees in the previous year of the enterprise, and is paid by maternity insurance.

To sum up, whether the bonus is deducted from the family planning leave should be analyzed according to different circumstances, and if it is a female employee who has purchased maternity insurance, the company's deduction of the bonus during the family planning leave does not violate the provisions of the law.

Female employees of enterprises should be given maternity insurance if their employers.

Maternity leave. The wages for the period shall be paid by the maternity insurance institutions in accordance with the regulations. Enterprises that do not provide maternity insurance to female employees shall be paid wages by the enterprise.

Labor law in our country.

Article 51 stipulates that the employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law. Article 62 also provides:

Female employees are entitled to maternity leave of not less than 90 days after giving birth. China's "Provisions on Labor Protection of Female Employees".

This is further regulated: 90 days of maternity leave for female employees, including 15 days of prenatal leave. In the case of dystocia, the maternity leave shall be increased by 15 days, and 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 during pregnancy, her employer shall, on the basis of the certificate of the medical department, grant a certain period of maternity leave. All of the above laws and regulations regarding maternity leave are met.

It is stipulated that female employees shall enjoy their own wages and benefits. At the same time, no employer may dismiss a female employee or unilaterally terminate a labor contract on the grounds of maternity leave. 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.

New Labor Contract Law.

On the question of how to burn the provisions of maternity leave, it is necessary to remind everyone here that the maternity leave of female employees is prescribed by law and cannot be deprived of it, followed by maternity leave, it has a certain standard of wage payment, and if there is maternity insurance, there is a corresponding insurance unit to pay wages.

There is no subsidy. **Responsible for doing this regulation, not responsible for making up money.

The legal basis for enjoying is as follows: according to Article 8 of the Special Provisions on Labor Protection of Female Employees, during the maternity leave period of female employees, the salary shall be suspended, and the maternity allowance shall be changed. For those who have not participated in maternity insurance, the employer shall pay the salary of the female employee before the maternity leave.

The maternity allowance for female employees who have participated in maternity insurance already includes all the bonuses of the previous year, and it is not illegal to deduct the bonuses and year-end bonuses during the maternity leave of the current year; Those who do not participate in the performance of courage shall be paid according to the salary standard before the maternity leave, and shall only subtract the remaining salary of overtime pay (bonuses belong to the category of wages).

It is unreasonable for the company to do this, and you can contact the relevant lawyer to resolve it through legal channels.

First of all, the payment of year-end bonus is a kind of welfare treatment given to employees by the employer independently, and it is not a mandatory obligation of the employer. The law does not require employers to pay year-end bonuses, nor does it have specific provisions, so employees cannot force employers to pay year-end bonuses. The employer may stipulate the specific payment method of the year-end bonus through rules and regulations or labor contracts.

If the employer's rules and regulations or the terms of the employment contract clearly stipulate that the year-end bonus will be paid, the employer should fulfill its obligations in accordance with the agreement.

Secondly, by its very nature, the year-end bonus is also one of the components of labor remuneration. According to the provisions of the National Bureau of Statistics on the Composition of Total Wages and the Interpretation of Certain Specific Scopes, total wages refer to the total amount of labor remuneration paid directly by each unit to all employees of the unit within a certain period of time, including bonuses; The prize money includes the production award; Production awards include year-end bonuses (labor dividends) and so on.

Therefore, the year-end bonus is a bonus in a narrow sense, and it is a wage labor remuneration in a broad sense.

Third, the wages and benefits of pregnant female employees during maternity leave shall not be reduced. The issue of year-end bonus is, in the final analysis, the issue of the salary and treatment of female employees during pregnancy and childbirth. In this regard, the relevant national laws have special provisions on labor protection for female employees during pregnancy.

The Law on the Protection of Women's Rights and Interests, the Special Provisions on the Labor Protection of Female Employees, and other laws and regulations stipulate that no employer may reduce the wages of female employees due to marriage, pregnancy, maternity leave, breastfeeding, etc. The Regulations on Payment of Wages in Jiangsu Province clearly stipulate that during the period of maternity leave, the employer shall treat the employee as if she had provided normal work and paid her wages.

To sum up, the year-end bonus is an integral part of the employee's salary. During the period of maternity leave, the employer shall, in accordance with laws and regulations, treat the employee as providing normal work and shall not reduce her salary and benefits. For the issuance of year-end bonuses, employers shall not deduct year-end bonuses on the grounds that female employees are on maternity leave.

1. First of all, if the child has reached the age of 3 before the local implementation date, he or she will not be entitled to the parental leave of the current year. The annual term referred to in parental leave is a natural year, and under the age of three refers to the child's filial piety within 36 months (inclusive) from birth. According to the calculation of the calendar year, parental leave can theoretically be taken 4 times, but the last time must be taken within 36 months (inclusive) of the child, and the child will no longer be entitled to it after the child has reached the age of 36 months.

Examples:If the child's date of birth is June 2021, whether he or she is entitled to a total of four parental leave from 2021 to 2024.

2. Parental leave is a working day, excluding holidays. The accumulated 10 days of parental leave can be taken at one time or divided into multiple times, which shall be agreed between the employer and the employee according to the actual situation. Therefore, parental leave and public holidays.

It belongs to different laws and regulations.

It is stipulated that there is no inclusion relationship and is not deducted from public holidays. The employees of the enterprise shall be in accordance with the internal management system of the enterprise to which they belong.

You can take childcare leave after completing the leave application procedure. The period of parental leave is considered to be attendance. The salary during the childcare leave shall be implemented by the employer in accordance with the relevant regulations.

The "Opinions of the Leading Group for the Protection of Minors on Strengthening the Protection of Minors" issued on June 6, 2021 clarified 25 key tasks, among which, in terms of strengthening family guardianship responsibilities, it is proposed to improve family guardianship support policies. Maternity leave is required to be fully implemented.

1.It must comply with the family planning policy.

For example, it can't go beyond the three-child policy.

the upper limit of the marriage, which is legally registered;

2.According to the natural year as the calculation cycle, from the date of birth of the child, parents of infants and young children under the age of 3 are entitled to 10 days of parental leave every year, and the number of multiple children does not overlap to enjoy the leave;

3.You can refer to annual leave.

Non-one-time leave, multiple leave requests within the quota;

4.It cannot be carried forward if used within the current year. if it exceeds December 31, it will be deemed to have given up and no additional compensation will be paid;

5.For new recruits, refer to the calculation method of annual leave, according to the [remaining days of the year] divided by [the number of days of the current year 365 366] for the period from the date of returning to the manuscript to December 31, and then 10Round down the whole number.

Value. Remember that there is no need to round up.

6.If the child reaches the age of 3 in the current year, it will be converted according to the day when the child reaches the age of 3.

7.If a person resigns in the current year, the number of days of leave in the current year shall be converted according to the date of resignation, and if there is more leave, it shall be calculated according to the personal leave.