Is there any abortion leave for female employees who have a miscarriage?

According to the second paragraph of Article 7 of the Special Provisions on the Labor Protection of Female Employees, female employees are also entitled to maternity leave if they have a miscarriage before 4 months of pregnancy, and they are 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.

Paragraph 2 of Article 8 of China's Provisions on the Labor Protection of Female Employees stipulates that if a female employee has a miscarriage during pregnancy, her employer shall grant a certain period of maternity leave according to the certificate of the medical department.

1.In the second paragraph of Article 8 of the "Provisions on the Labor Protection of Female Employees", 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. (There is no distinction between having children or not).

2.Article 1 of the Notice of the Ministry of Labor on Several Issues Concerning the Maternity Treatment of Female Employees stipulates that when a female employee has a miscarriage within four months of pregnancy, she shall be granted 15 to 30 days of maternity leave according to the opinion of the medical department; Forty-two days of maternity leave shall be granted in the event of miscarriage after more than four months of pregnancy. During maternity leave, wages are paid.

Regulations on abortion leave in Beijing.

The maternity leave for female employees in Beijing is 15 to 30 days for miscarriage before 4 months of pregnancy, and 42 days for miscarriage after more than 4 months of pregnancy.

In Beijing: The Beijing Municipal Regulations on Maternity Insurance for Employees of Enterprises stipulate that the maternity leave for female employees who miscarry after less than four months of pregnancy is 15 days to 30 days, and the maternity leave for those who miscarry after more than four months of pregnancy is 42 days.

If a female employee has a miscarriage within 4 months of pregnancy, she shall be granted maternity leave of 15 to 30 days according to the certificate of the hospital; In the event of miscarriage between 4 months and 7 months of pregnancy, maternity leave shall be granted for 42 days, and normal maternity leave shall be granted for more than 7 months of pregnancy. Female employees who have had more than two spontaneous abortions and have no children should be transferred from a job that may directly or indirectly lead to miscarriage.

According to Article 7 of the Special Provisions on Labor Protection of Female Employees, female employees are entitled to 98 days of maternity leave, 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. According to Article 8 of the "Special Provisions on the Labor Protection of Female Employees," the maternity allowance for female employees during their maternity leave shall be paid according to the standard of the average monthly salary of the employee in the previous year according to the standard of the employer's 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 of female employees who give birth or have a miscarriage shall be paid by the maternity insurance in accordance with the items and standards stipulated in the maternity insurance, and those who have already participated in the maternity insurance**; For those who have not participated in maternity insurance, the employer shall pay for it. "Minor maternity leave" treatment Miscarriage can be divided into "planned abortion" and "unplanned miscarriage". The so-called "planned abortion" refers to the situation in which a woman's pregnancy and childbirth are in accordance with the regulations on family planning, that is, a pregnancy with a "birth permit" is usually called, and spontaneous abortion or abortion is carried out during pregnancy.

The so-called "unplanned miscarriage" refers to the fact that a woman's pregnancy and childbirth do not comply with family planning regulations, and the pregnancy is an unintended pregnancy. That is, if you have already given birth, you need to terminate the pregnancy if you do not have a "birth permit" for this pregnancy. "Planned miscarriage" falls under the category of maternity leave, and the treatment of "minor maternity leave" is enjoyed.

According to the Special Provisions on Labor Protection of Female Employees, female employees who have miscarriages before 4 months of pregnancy are 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. 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. According to the city's policy, if a female employee who has a miscarriage after July 1, 2011 and whose maternity living allowance is lower than her salary before maternity leave, the employer where she gave birth or miscarried shall make up the difference in accordance with the provisions of Article 27, Paragraph 1 of the Law on the Protection of Women's Rights and Interests.

The "pre-maternity leave wage standard" here refers to the average wage income of female employees in the 12 months before the miscarriage. To sum up the above, the miscarriage leave of female employees is based on different circumstances, and during the period of recuperation of female employees, the employer must still implement the form of suspension of work and salary for female employees, and all the treatment in the company must also be given to employees, so as not to be regarded as a violation of the Labor Contract Law, if the wages are deducted during the period of recuperation, then the employee has the right to report to the labor department.

The Notice of the Ministry of Labor and the Ministry of Personnel on Several Issues Concerning the Maternity Treatment of Female Employees stipulates that: (1) If a female employee has a miscarriage within four months of pregnancy, she shall be granted 15 to 30 days of maternity leave according to the opinion of the medical department; If the pregnancy is more than four months old, the miscarriage shall be granted 42 days. During maternity leave, wages are paid.

2) When a female employee is pregnant, and is examined or given birth in the medical institution or designated medical institution of the unit, the examination fee, midwifery fee, operation fee, hospitalization fee and medicine fee shall be borne by the unit to which she belongs, and the expenses shall be paid by the original medical funding channel. (3) If a female employee is still unable to work due to physical reasons after the expiration of her maternity leave, her treatment in excess of the maternity leave shall be handled in accordance with the relevant provisions on the employee's illness after being certified by the medical department. The "Provisions on the Labor Protection of Female Employees" stipulates:

Article 7 stipulates that prenatal check-ups conducted by pregnant female employees during the working period shall be counted as working hours. Article 8 stipulates that the maternity leave of female employees shall be 90 days, of which 15 days shall be taken before childbirth. In the case of dystocia, the maternity leave will be increased by 15 days, and in the case of multiple births, the maternity leave will be increased by 15 days for each additional baby.

If a female employee has a miscarriage during pregnancy, her employer shall, on the basis of a certificate from the medical department, grant a certain period of maternity leave. Article 15 stipulates that if a female employee violates the relevant state regulations on family planning, her labor protection shall be handled in accordance with the relevant state regulations on family planning, and these provisions shall not apply.

Legal analysis: Provisions on abortion leave for female employees: 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. The medical expenses of female employees who give birth or have a miscarriage shall be paid by the maternity insurance in accordance with the items and standards stipulated in the maternity insurance, and those who have already participated in the maternity insurance**; Other.

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 for extended maternity leave or other 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 within 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: Provisions on Female Employees' Abortion Leave: Female Employees who are pregnant and have a miscarriage before 4 months are 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. The medical expenses of female employees who give birth or have a miscarriage shall be paid by the maternity insurance in accordance with the items and standards stipulated in the maternity insurance, and those who have already participated in the maternity insurance**; Other.

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