How to pay during maternity leave, how to pay maternity leave

1. First of all, 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 maternity allowance for the female employee with the maternity certificate of the female employee, and the maternity allowance shall be used as the salary of the female employee during the maternity leave. However, if the base of maternity insurance premiums paid by the enterprise for its employees is lower than the average salary income of the female employee in the previous year, the maternity allowance received by the female employee will be lower than the salary during her normal work period, and the enterprise needs to make up the difference;

3. If the employer does not pay social security, the company shall pay wages according to normal attendance during the maternity leave.

According to the wage payment regulations, maternity leave pay is paid according to the salary of normal working hours.

Special Provisions on Labor Protection of Female Employees:

Article 5: Employers must not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because of their pregnancy, childbirth, or breastfeeding.

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 have not participated in maternity insurance, the employer shall pay for it.

Wait for the maternity allowance to come down.

Summary. Dear, I'm glad to answer for you; Maternity leave generally lasts 98 days, of which 15 days can be taken before childbirth. If a female employee has difficulty giving birth, she shall rest for an additional 15 days; If you have multiple births, you can rest for an additional 15 days for each additional baby.

Hello! Maternity leave stipulates how long it should be taken.

How to pay during leave.

Dear, I'm glad to answer the celery code for you; Maternity leave generally lasts 98 days, of which 15 days can be taken before childbirth. If a female employee has dystocia, she should rest for 15 days; If you have multiple births, you can rest for an additional 15 days for each additional baby.

How wages are paid.

Dear, I'm glad to answer for you; According to Article 8 of the "Special Provisions on Labor Protection of Female Employees", the payment of wages during maternity leave is as follows: 1. For those who have participated in maternity insurance, the maternity insurance shall be paid by maternity insurance according to the standard of the average monthly wage of employees of the employer in the previous year; 2. For those who have not participated in maternity insurance, the employer shall pay them according to the standard of wages before maternity leave.

Article 7 of the Special Provisions on Labor Protection for Female Employees provides that 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, and if the female employee miscarries less than 4 months of pregnancy, she shall enjoy 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage is carried out, the maternity allowance during the maternity leave of 42 days of maternity leave Article 8 of the female employee 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 medical expenses of the female employee for giving birth or having a miscarriage in accordance with the standard of the salary before the maternity leave, and the maternity insurance shall pay for those who have already participated in the maternity insurance in accordance with the items and standards stipulated in the maternity insurance; For those who have not participated in maternity insurance, the employer shall pay for it.

After maternity leave, can the company transfer its employees?

1. If the unit wants to transfer you to a different position, you need to get your consent, and the two parties can transfer the post by consensus; 2. If your company has not discussed with you, and you are transferred to another position only after you have taken maternity leave, the content of the labor contract has been changed. According to Article 35 of the Labor Contract Law, the employer needs to reach a consensus with you before it can be changed, and if it is not negotiated with you, it is illegal; 3. Therefore, you can ask the company to restore you to your original position and keep your salary unchanged; 4. You may terminate the labor contract on the grounds that the employer has changed your position without permission, and have the right to request the employer to pay severance in accordance with Article 46 of the Labor Contract Law; 5. The amount of severance is the average salary of the 12 months before the termination of the labor relationship multiplied by n (the standard for determining n is one month's severance for every year of service, and half of the monthly severance for less than 6 months).

Payments are made as normal. It will be paid out of the maternity insurance account.

Legal basis: Social Insurance Law

Article 54 Where an employer has already paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; The unemployed spouse of the employee shall be entitled to the treatment of childbirth, medical expenses, and hail 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) Take leave for family planning surgery;

3) Other circumstances provided for by laws and regulations.

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

General provisions on maternity leave.

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.

2. Maternity leave benefits.

First, the salary of the prenatal leave is paid according to the sick leave.

Fetal leave is certified by a doctor, so wages are paid according to sick leave.

Second, for prenatal leave, the salary is paid at 80%.

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, if the local regulations stipulate that leave must be granted, the employer shall approve the leave, and the salary shall be paid according to 80% of the employee's previous monthly actual salary standard.

Third, maternity leave, maternity allowance.

Maternity leave includes: 98 days + 30 days (late childbirth) + 15 days (difficult birth) + 15 days (for each additional child born to multiple births), and maternity allowance is paid. The maternity allowance is subsidized to the enterprise by the national socks Zen family and is used to pay wages during maternity leave, but its calculation method is related to the company's declared salary base in the social security department, so the actual maternity allowance is not equal to the maternity leave salary, so there are regulations:

Maternity leave pay and maternity allowance are high in terms of receipt, simply put:

1. If the employee's maternity leave salary (i.e., the employee's previous monthly actual salary standard, the same below) is higher than the maternity allowance, the employee will be paid according to the maternity leave salary.

OK, the maternity allowance comes down and goes to the enterprise.

2. If the employee's maternity leave salary is lower than the maternity allowance, the employee can be paid according to the maternity leave salary first, and then the maternity allowance will be paid down, and the difference with the maternity leave salary will be made up to the employee, and the rest will go to the enterprise.

Fourth, breastfeeding leave shall be paid at 80% of the salary for six and a half months, and 70% for the extended period.

After giving birth, if a female employee has difficulties and a work permit, she shall apply for a breastfeeding leave of six and a half months with the approval of the unit, and the salary shall be paid at 80% of the employee's previous monthly actual salary standard, and then extended by 70% of the actual salary standard.

Article 5 of China's Special Provisions on the Labor Protection of Female Employees stipulates that an employer shall not reduce the wages of a female employee, dismiss her, or terminate her labor or employment contract because of her pregnancy, childbirth, or breastfeeding. This legally guarantees that a woman's maternity leave is paid leave, which is the most basic maternity leave pay provision.

1. If you do not participate in maternity insurance, then your maternity leave salary shall be paid by the employer according to the standard of salary before maternity leave.

2. If you have participated in maternity insurance, then you can enjoy maternity allowance during maternity leave, which is your maternity leave salary, which is paid by maternity insurance**.

The maternity allowance to be enjoyed by an employee shall be calculated and paid according to the average monthly salary of the employee in the previous year divided by 30 and multiplied by the prescribed number of vacation days at the time of the employee's birth or family planning surgery.

During the period of maternity leave, the maternity allowance shall be paid in advance by the employer in accordance with the employee's original salary standard on a monthly basis, and then allocated to the employer by the social insurance agency in accordance with regulations. In areas where conditions permit, the social insurance agency may entrust financial institutions to directly issue maternity allowances to employees.

Article 25 of the Population and Family Planning Law of the People's Republic of China provides that 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.

Article 7 of the Special Provisions on Labor Protection for Female Employees is entitled to 98 days of maternity leave, of which 15 days can be taken before giving birth; In case of dystocia, the maternity leave shall be increased by 15 days; For those who give birth to 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.

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) Take leave for family planning 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.