If you don t take maternity insurance, will the employer pay you back your salary during maternity l

Special Provisions on Labor Protection of Female Employees

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.

If the enterprise has participated in social insurance for employees, the enterprise must go through the maternity insurance reimbursement process, unless the enterprise has a lot of money stupid, which has nothing to say, secondly, the maternity insurance is reimbursed to the enterprise rather than the employee, therefore, during the childbirth period, the enterprise has paid the wages during the childbirth period, and the salary part is paid by the social security co-ordination, therefore, it is necessary to return more and make up for the less to the enterprise.

1. Is it illegal to have maternity insurance and not pay wages for maternity leave?

1. It is not illegal, the salary paid by the company and the maternity allowance issued by the Social Security Bureau during the maternity leave cannot be enjoyed at the same time; If the employer has paid social security, the enterprise does not need to pay wages to the employee during the maternity leave, but the company shall apply for the maternity allowance for the female employee with the maternity certificate, and the maternity allowance shall be used as the salary of the female employee during the maternity leave. If the employer does not pay social security, the company shall pay wages according to normal attendance during the maternity leave.

2. Legal basis: Article 54 of the Labor Law of the People's Republic of China.

The employer has already paid maternity insurance premiums; For the medical expenses of family planning, maternity allowance may be enjoyed in accordance with the provisions of the state; According to the law, its employees are entitled to maternity insurance benefits. The required funds are paid out of maternity insurance**. If the employer does not participate in maternity insurance, it will be paid by the unit.

2. What is maternity insurance?

1. Maternity insurance is a social policy of the state to provide certain material help for childbirth. Anyone who has paid the relevant insurance premiums can enjoy the relevant treatment at the right time, and the pregnant mother needs to be clear and clear to avoid her rights and interests being infringed.

2. Maternity insurance, a social insurance system stipulated by national legislation, can provide timely material assistance to the insured when the labor force is temporarily interrupted by the worker due to the birth of a child. The ultimate aim is to provide working women with maternity benefits, medical care and maternity leave so that they can regain their ability to work more quickly and return to work. Maternity insurance mainly includes three parts, which are divided into maternity leave, maternity allowance and medical services.

Maternity leave refers to the paid leave enjoyed by employees before childbirth and after the delivery of pants. Maternity allowance refers to the timely payment of regular cash subsidies to women who leave their jobs after giving birth and no longer engage in paid work and whose income is interrupted, so as to maintain and protect the normal life of women and their infants. Medical services, on the other hand, refer to the medical care provided by hospitals, medical practitioners or midwives to working women during pregnancy, childbirth and postpartum, as well as necessary hospitalization**.

[Legal Analysis].

Hello, the maternity leave is over, and there will be no pay for taking leave after the break. If there is maternity insurance, it shall be calculated according to the average monthly salary of the employees of the unit in the previous year, and if there is no maternity insurance, it shall be paid according to the salary standard of the maternity leave of the unit.

[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 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave. Cavity.

Social Insurance Law of the People's Republic of China

Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.

Article 54 Where an employer has already 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**. Maternity insurance benefits include maternity medical expenses and maternity allowances.

Article 55 Maternity medical expenses include the following:

1) Medical expenses for childbirth;

2) Medical expenses for family planning;

3) Other project expenses as provided for by laws and regulations.

Article 56 Under any of the following circumstances, employees may enjoy maternity allowance in accordance with the provisions of the State:

1) Female employees are entitled to maternity leave when they give birth;

2) Enjoy the leave of birth surgery in the air planning of the model;

3) Other circumstances provided for by laws and regulations.

The maternity allowance shall be calculated and paid according to the average monthly employee of the employee's employer in the previous year.

1. Legally, the wages paid by the company and the maternity allowance issued by the Social Security Bureau during the maternity leave cannot be enjoyed at the same time; 2. If the unit has paid social security, the enterprise does not need to pay wages to the employees during the maternity leave, but the company shall apply for the maternity allowance for the female employee with the lead and childbearing certificate of the female employee, and the maternity allowance shall be used as the salary of the female employee during the maternity leave. 3. If the unit has not paid social security, the company shall pay wages according to normal attendance during the maternity leave.

Article 53 of the Social Insurance Law of the People's Republic of China.

Employees shall participate in the maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the state, and the employees shall not pay the maternity insurance premiums.

Legal analysis: If there is maternity insurance, maternity leave wages are paid, and the employer shall pay the excess maternity leave wages to female employees during the maternity leave period where maternity insurance does not pay maternity allowance to female employees.

Legal basis: Chongliang Social Insurance Law

Article 54 Where an employer has already paid maternity insurance premiums, its employees shall enjoy the benefits of maternity insurance and transportation; The spouse of an employee who is not employed is entitled to maternity medical expenses in accordance with national regulations. The required funds are paid out of maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.