Labor laws dictate how long an employee can be on maternity leave

As long as you have a legal labor relationship with the employer, you can take maternity leave, regardless of the time of employment. Maternity leave refers to the leave treatment of working women before and after childbirth, generally from half a month before childbirth to two and a half months after childbirth, and those who marry late and give birth late can be as long as four months, and female employees are entitled to no less than 98 days of maternity leave.

Legal analysisAs long as there is an employment relationship, female employees are entitled to maternity leave when they give birth. If the employment contract expires during the maternity leave, the employment contract is extended until the expiration of the breastfeeding period and the contract does not need to be renewed. If the employee has not violated the law or discipline, the employer shall not terminate the contract.

For those who have participated in maternity insurance, the economic payment of maternity insurance shall be based on the average monthly salary of employees in the previous year. If the maternity allowance is lower than the salary of the female employee during the childbirth period, the unit to which she belongs shall make up the difference, and if it is higher than her own salary, the unit to which she belongs shall not withhold it. If they do not participate in maternity insurance, they shall be paid by their employer according to the standard of normal attendance before maternity leave.

If the employer fails to perform its obligations in accordance with the law, the employee may apply for labor dispute arbitration to protect his or her rights. Female employees are entitled to maternity leave of not less than 90 days. The employer may separately stipulate the duration of maternity leave according to the actual situation of the employer, but it shall not be lower than the statutory standard.

If you take more than 90 days of leave due to special circumstances, you can apply for sick leave from the employer as long as you have a hospital certificate, but you cannot enjoy maternity leave during the sick leave. If the maternity leave expires and the employee is still unable to work due to physical reasons, after being certified by the medical department, the treatment of the employee who exceeds the maternity leave shall be dealt with in accordance with the relevant provisions of the employee's illness. In addition, on the basis of these provisions, different provinces, municipalities and regions also have relevant provisions on maternity leave.

Legal basisSpecial 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 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.

Legal Analysis: The Labor Code does not stipulate how much leave can be taken, only the number of days of maternity leave, and other regulations stipulate the number of days of annual leave and sick leave.

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

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 completed for 4 months and the miscarriage is completed, the employee is entitled to 42 days of maternity leave.

Legal Analysis: The Labor Law does not stipulate how much leave can be taken, only the number of days of maternity leave, and other regulations stipulate the number of days of annual leave and sick leave.

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 of Female Employees》 Article 7 Female employees are entitled to 98 days of maternity leave, of which 15 days may be taken before giving birth; 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 Yinxiaojian has miscarriage after 4 months of pregnancy, she will enjoy 42 days of maternity leave.