Does the 158 days of maternity leave include 15 days of caesarean section leave?

As we all know, the state has regulations that enterprises and companies need to provide women with paid maternity leave, and generally women can take 158 days for a child to give birth, and if the fetus is delivered by caesarean section, it can continue to add an additional 15 days. After giving birth, women can take at least half a year off before going back to work, and if a woman accidentally gives birth to twins or multiple births, then she needs to take more than half a year off.

We all know that women who work in Chinese enterprises are entitled to a certain amount of maternity leave when they give birth, referred to as maternity leave. And it's paid maternity leave, which means that the company that gives birth to a child at home also pays you. However, how long the specific prenatal examination is and how to put it depends on the province where the company is located and the company's rules and regulations.

Not all women's maternity leave is the same.

According to the relevant national regulations, since January 1, 2016, all women who work in enterprises and companies can enjoy the 98 days of maternity leave stipulated by the state, and can also increase the maternity leave by 60 days, and enjoy the maternity allowance. In other words, women working in enterprises are entitled to 158 days of maternity leave according to the law.

Among the 60 days, an additional 15 days of maternity leave can be added to dystocia; In the case of multiple births, an additional 15 days of maternity leave can be added for each additional child. C-section is also one of the types of dystocia, that is, women who choose to give birth by caesarean section can enjoy 15 days of caesarean section leave in addition to 158 days of prenatal examination. In this way, a woman who works in a company can enjoy 173 days of maternity leave if she gives birth to a child by caesarean section.

There are 365 days a year, and 173 days of maternity leave means that a woman can take almost half a year of maternity leave after giving birth to a child. If you give birth to twins or multiple births, then you can take more than half a year off. Therefore, many companies only recruit male employees when recruiting employees, and even if they recruit women, they will require women who will not have children for the time being or who have already given birth to children.

In this way, the company does not need to give maternity leave to women anymore.

In other words, 158 days do not include 15 days of caesarean section leave, and pregnant women can take an additional 15 days of maternity leave if they give birth by caesarean section. Of course, not all companies have this kind of benefit, and only regular large enterprises and large companies have this kind of benefit, and the average small company can only take two or three months off. There are also some informal companies where women do not have the benefit of paid maternity leave when they give birth to a child, that is, they do not have a single day of maternity leave.

It doesn't matter if it's a vaginal birth or a caesarean section.

Maternity leave refers to the leave benefits of working women before and after childbirth. During this period, the employer shall not reduce the employee's salary, dismiss the employee, or terminate the labor contract in any other form. According to national regulations, the maternity leave for female employees in 2020 is 98 days.

Among them, 15 days of prenatal leave can be taken; 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 basis: Special Provisions on Labor Protection of 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.

Therefore, 158 days includes 15 days of caesarean section leave, and some of the company's regulations may be different, you can ask the Family Planning Commission. Hope you're healthy!

You are **, I know that Chongqing is 128 days, and if you have a caesarean section, add another 15 days. If it is a natural birth, if you use tools to calculate dystocia, it is also an additional 15 days.

Legal Analysis: Including: China's labor law clearly stipulates that the basic maternity leave for female workers is 98 days, but the family planning law is clear that couples who give birth to children in accordance with laws and regulations can receive rewards or other benefits for extended maternity leave.

At the local level, the number of days of maternity leave has been extended in the new family planning regulations in various places. 15 days of prenatal leave. 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.

Basis of the Law: Labor Law of the People's Republic of China Article 62 Female employees are entitled to maternity leave of not less than 90 days after giving birth.