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Female employees are entitled to 98 days of maternity leave for childbirth, and their wages are paid during the maternity leave.
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 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.
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.
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Article 25 of the Population and Family Planning Law of the People's Republic of China: "Citizens who marry late and give birth late may receive incentives or other benefits for extended marriage leave and maternity leave. "The regulations vary from place to place, and the specific reference is to the "Regulations on the Administration of Population and Family Planning" of the province where it is located.
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In the provisions on the labor protection of female employees.
Article 8: Maternity leave for female employees shall be 90 days, of which 15 days shall be 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.
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The state's regulations on maternity leave: female employees are entitled to 98 days of maternity leave after giving birth, and Liang Qin can take 15 days of leave before giving birth; In case of dystocia, the maternity leave shall be increased by 15 days, etc. 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 can also be extended to four months before and after late marriage and childbirth.
Classification of maternity leave: Maternity leave: 98 days, 15 days (difficult birth), 15 days (for each additional child born to multiple births). Prenatal Testing:
Prenatal examinations (including initial examinations within 12 weeks of pregnancy) carried out by female employees during pregnancy within the working hours agreed upon by health care institutions shall be counted as working hours. (Some enterprises count the time of prenatal examination of pregnant female employees during working hours as sick leave, absenteeism, etc., which infringes on the legitimate rights and interests of female employees) Prenatal break: If you are more than seven months pregnant, you should take a one-hour break every day, and you must not arrange night shifts.
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The general provisions of the state on maternity leave are: 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 terminated and the pregnancy is aborted within 4 months, the employee shall enjoy 15 days of maternity leave; 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. 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 those who marry late and give birth can be as long as four months, and female employees enjoy no less than 90 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. Article 56 of the Social Insurance Law provides that employees who have any of the following circumstances may enjoy maternity allowance in accordance with national regulations: (1) female employees are entitled to maternity leave when they give birth; (2) Enjoy 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.
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1. The new stipulates how many days of maternity leave.
1. The number of days of maternity leave stipulated in the new regulations is as follows:
1) The national statutory maternity leave for female employees shall not be less than 14 weeks, that is, 98 days, of which 15 days can be taken before childbirth, 15 days will be added for difficult birth, and 15 days will be increased for each additional baby born in the case of multiple births;
2) Female employees who have miscarriage before four months are entitled to 15 days of maternity leave, and those who have miscarriage after four months are entitled to 42 days of maternity slag leave. In addition, the 98 days of maternity leave include weekends and national holidays.
2. Legal basis: Article 51 of the Labor Law of the People's Republic of China.
The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
2. How to pay wages during maternity leave.
1. The salary is paid according to the pregnancy leave, and the fetal leave is certified by the doctor, so the salary is paid according to the sick leave treatment;
2. Prenatal leave, wages are paid at eighty percent; If you are more than 7 months pregnant, if you are allowed to return to Hu Ke at work, you can take two and a half months of prenatal leave upon your own application and approval from your employer. In some cases, if the local laws and 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;
3. Breastfeeding leave, six and a half months according to the salary of eighty percent, and then extended period according to seventy percent, after the female employee gives birth, if there is difficulty and work permit, by the person to apply, approved by the unit, you can take six and a half months of breastfeeding leave, the salary according to the employee's previous monthly salary standard eighty percent, and then extended period according to seventy percent.
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