Can the man pay maternity insurance and the woman take more maternity leave?

Insured male employees who meet the following conditions can apply for a one-time maternity subsidy:

1) Comply with the national family planning policy and legal birth conditions;

2) When the spouse gives birth or has a miscarriage due to pathological reasons, the employer has participated in maternity insurance and has paid maternity insurance premiums for the male employee for more than 10 months (excluding supplementary payment, underpayment and interruption payment);

3) The spouse is not covered by the maternity insurance and gives birth to the first child.

Male employees who meet the above conditions can apply for a one-time birth subsidy standard of 200 yuan for miscarriage; 1,200 yuan for smooth delivery; 2,000 yuan for dystocia or multiple births.

Maternity leave time for female employees:

General provisions: 1. Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth;

2. Dystocia, increase maternity leave by 15 days;

3. For multiple births, the maternity leave will be increased by 15 days for each additional baby;

4. If the pregnancy is less than 4 months and the miscarriage is not carried out, 15 days of maternity leave shall be enjoyed;

5. If the pregnancy is 4 months old and the miscarriage is completed, the employee shall enjoy 42 days of maternity leave;

6. Maternity leave for late childbirth shall be prescribed by all provinces, autonomous regions and municipalities directly under the Central Government in accordance with the family planning regulations of their respective provinces.

Classification of maternity leave: 1) Leave that must be entitled.

Maternity leave: 98 days + 30 days 15 days (late childbearing) + 15 days 30 days (difficult birth) + 15 days (for each additional child born to multiple births).

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).

Prenatal break: If you are pregnant for more than seven months, you should take a one-hour break every day, and night shift work shall not be arranged.

2) Leave that can be taken.

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." ”

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.

According to the provisions of the Labor Law, female employees are entitled to no less than 98 days of maternity leave after giving birth.

Regardless of whether or not you have maternity insurance, women have to take more than three months off during childbirth, and you know the reason. The husband was entitled to 10 days of maternity leave.

These have a detailed description of your 0 "maternity insurance", so I won't come one by one! It is recommended to go to the "Law Library" to find it.

Legal analysis: There is no unified legal provision on paternity leave in the country, and each province formulates corresponding policies according to the specific situation, and the "Regulations on the Administration of Population and Family Planning" in most provinces stipulates that the paternity leave of the man is generally 7 days, and the paternity leave for late marriage and late childbearing can be extended to 10 days.

Female employees are entitled to 98 days of maternity leave, which may be extended on a case-by-case basis. For those who have already participated in maternity insurance, the maternity allowance during the maternity leave 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.

Legal basis: Special Provisions on Labor Protection of Female Employees

Article 7: Female employees are entitled to 98 days of maternity leave for childbirth, 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.

Article 8 For female employees who have already participated in maternity insurance, the maternity allowance during maternity leave shall be paid by maternity insurance in accordance with the standard of the average monthly wage 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 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 cherry blossom banquet plus maternity insurance, the employer shall pay for it.

The Social Insurance Law stipulates that: "If an employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of maternity insurance**. ”

1. That is, if the woman does not have a job, she can enjoy the treatment of maternity medical expenses, but your situation is that the woman does not have maternity insurance, so she cannot enjoy it.

2. If the woman does not have maternity insurance, the woman's salary during the maternity leave shall be paid by the woman's employer, and the standard is the woman's salary.

The woman must reach the marriageable age + childbearing age.

Maternity insurance is a social insurance system that provides medical services, maternity allowance and maternity leave by the state and society when pregnant and childbirth women workers are temporarily suspended, and the state or society provides necessary economic compensation and medical care to employees who give birth. There are two main types of maternity insurance benefits in China. The first is the maternity allowance, and the second is the maternity medical treatment.

The Ministry of Human Resources and Social Security's Measures for Maternity Insurance (Draft for Comments) has been open to the public for comments since November 20, 2012. The draft makes it clear that maternity insurance benefits will no longer be limited to household registration, and employers must pay maternity fees if they do not pay maternity insurance.

Maternity insurance is a social insurance system that stipulates through national legislation that the state and society will provide timely material assistance to workers when their labor force is temporarily interrupted due to the birth of children. There are two main types of maternity insurance benefits in China. The first is the maternity allowance, and the second is the maternity medical treatment.

Its purpose is to provide working women with maternity benefits, medical care and maternity leave to help them regain their ability to work and return to work.