Is there any pay during maternity leave? Is there a pay during maternity leave

Hello, according to the relevant labor laws and regulations, female workers are entitled to maternity leave of no less than 90 days. During maternity leave, the original salary is entitled. It is the basic salary, but it must not be lower than the local minimum wage.

But insurance or something still has to be given to you. For example, general subsidies and bonuses will not be paid to you during your maternity leave, that is, the company will only pay you a basic salary, but other subsidies such as maternity subsidies will be paid. There are detailed provisions for the national policy on maternity leave:

For maternity leave, the national labor law has a clear provision that it shall not be less than 90 days. In addition, each region has its own supplementary provisions for maternity leave. Maternity leave for female employees is 90 days, including 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. 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.

According to the relevant provisions of the "Provisions on the Labor Protection of Female Employees" promulgated by the Ministry of Labor) The Ministry of Labor also issued a "Notice of the Ministry of Labor on Several Issues Concerning the Maternity Treatment of Female Employees", which explains in more detail the maternity leave, treatment during maternity leave and the scope of application of female employees: 1. In the event of miscarriage less than four months of pregnancy, maternity leave of 15 to 30 days shall be granted 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.

2. If the employee is still unable to work due to physical reasons after the expiration of the maternity leave, the treatment exceeding the maternity leave shall be dealt with in accordance with the relevant provisions of the employee's illness after being certified by the medical department. In addition, on the basis of these provisions, different provinces, municipalities and regions also have relevant provisions on maternity leave: You work in the private sector, and it seems that they only pay you according to the minimum treatment set by the state (not less than 90 days). How to fix it?

One. You should check to see if your region has its own supplemental rules; Two. If the part exceeding 90 days is desirable, you can consider applying to the unit according to the relevant regulations of illness, I don't know how your employer stipulates.

Legal Analysis: Yes. If a female employee has a salary during the period of maternity leave, the maternity insurance shall be paid by the maternity insurance according to the standard of the average monthly salary of the employee in the previous year of the employer; If the employee does not participate in maternity insurance, the employer shall pay the salary of the female employee before the maternity 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 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 leave should 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 you have a miscarriage after 4 months of pregnancy, you will enjoy 42 days of maternity leave.

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 family planning leave for surgery;

3) Other circumstances provided for by laws and regulations.

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

Legal analysisFemale employees have wages during maternity leave, and the maternity leave salary shall not be lower than the basic salary of the employee in accordance with national regulations. 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 female employees are entitled to no less than 98 days of maternity leave.

During the period of maternity leave, the employer shall not reduce the salary, dismiss or otherwise terminate the labor contract of a working woman.

Legal basisArticle 8 of the Special Provisions on the Labor Protection of Female Employees Article 8 The maternity allowance for female employees during their maternity leave shall be paid by maternity insurance according to the standard of the average monthly wage of the 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. 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 have not participated in maternity insurance, the employer shall pay for it.

For those who have participated in maternity insurance, the maternity insurance shall be paid by the maternity insurance according to the standard of the average monthly salary of the employees of the employer in the previous year;

For those who have not participated in maternity insurance, the employer shall pay the standard of the female employee's salary before maternity leave.

Article 8 of the Provisions on Labor Protection of Female Employees stipulates that maternity leave for female employees is 90 days, including 15 days of prenatal leave. In case of difficult birth, 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 during pregnancy, the unit to which she belongs shall grant a certain period of maternity leave on the basis of the certificate of the medical department.