How long is maternity leave now mandated by the state?

The duration of maternity leave is calculated on the basis of the number of natural days. The maternity leave for normal childbirth is 90 days for female employees, and 15 days for abortion if the employee is less than 12 weeks pregnant; 30 days of maternity leave for miscarriage between 12 weeks and 16 weeks (inclusive); 42 days of maternity leave for miscarriage between 16 weeks and 28 weeks (inclusive); If the pregnancy is terminated after 28 weeks of pregnancy, it is entitled to 90 days of normal maternity leave, including 15 days of prenatal leave. Female workers have an increase of 15 days for difficult births, 15 days for each additional child born to multiple births, and 30 days for late childbirth.

If the birth meets the conditions for increased maternity leave in two or three of the above items at the same time, the increased maternity leave shall be calculated cumulatively. Male employees can enjoy incentive leave for late childbirth According to the regulations, incentive leave for late childbirth is enjoyed by both husband and wife. When applying for late childbirth incentive leave, you need to present the red "Beijing Fertility Service Certificate" issued by the Beijing Municipal Population and Family Planning Commission.

Where female employees are entitled to incentive leave for late childbirth, the maternity allowance shall be calculated according to the payment base of the female employee, and shall be paid to the individual by the social insurance agency through the female employee's unit; If a male employee is entitled to incentive leave for late childbirth, the allowance for the incentive leave shall be calculated according to the payment base of the male employee, and shall be paid to the individual by the social insurance agency through the male employee unit or the female employee unit. The incentive leave allowance for late childbirth enjoyed by male employees is the salary of their own leave for the same period, and if the incentive leave allowance for late childbirth is lower than their own salary standard, the difference shall be made up by the male employee's unit. During the holiday period, there are detailed regulations on wages in various places, and they are all subject to wages.

Beijing's regulations are as follows: According to Article 23 of the Beijing Municipal Regulations on Payment of Wages, "the employer shall pay the wages of a worker during the period of leave for childbirth or family planning surgery.

If an employee takes leave in accordance with the law for prenatal examination and breastfeeding, the employer shall pay wages as if he or she was working normally. According to Article 15 of the Provisions on Maternity Insurance for Employees of Enterprises in Beijing, "the maternity allowance shall be calculated according to the payment base of the female employee in the month of childbirth divided by 30 and multiplied by the number of days of maternity leave."

The maternity allowance is the salary of the female employee during the maternity leave, and if the maternity allowance is lower than the salary standard of the employee, the difference shall be made up by the enterprise. ”

Maternity leave: Female employees: normal childbirth, 90 days of maternity leave, including 15 days before childbirth and 75 days after childbirth.

Dystocia: 15 additional days of maternity leave. Multiple births at once:

Maternity leave is increased by 15 days for each additional child. Late childbearing: Those who have reached the age of 23 and give birth for the first time will have an additional 60 days of maternity leave.

Wages are paid.

Maternity leave for female employees shall be implemented in accordance with the following circumstances (Article 14 of the Measures for the Labor Protection of Female Employees in Shanghai): (1) Ninety days of maternity leave shall be granted to a single child, including 15 days of prenatal rest and 75 days of postpartum rest. (2) For those who have difficulty in childbirth, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave is increased by 15 days for each additional child. Very detailed references.

Legal analysis: The national statutory maternity leave is 98 days.

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 of Female Employees》 Article 7 Female employees are entitled to 98 days of maternity leave, 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. Female employees who are less than 4 months pregnant and have a limb birth 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.

1. The employer shall not reduce the wages of a female employee, dismiss her, terminate her labor or employment contract because she is pregnant, giving birth, or breastfeeding.2. If a female employee is unable to adapt to the original labor during pregnancy, the employer shall, according to the certificate of the medical institution, reduce the amount of labor or arrange other labor that can be suitable for the mu and sail 3. For female employees who are more than 7 months pregnant, the employer shall not extend the working hours or arrange night shift work, and shall arrange a certain rest time during the working hours4Pregnant female employees undergo prenatal examinations during working hours, and the time required is included in working hours.

Legal basis: "Special Provisions on Labor Protection of Female Employees" Article 7 Female employees are entitled to 98 days of maternity leave after giving birth, 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.

Legal analysis: Female employees can enjoy 98 days of maternity leave, of which 15 days can be taken before childbirth. In the case of difficult birth, the maternity leave may be increased by fifteen days.

In the case of multiple births, the maternity leave is increased by 15 days for each additional child. If a female employee has a miscarriage within four months of pregnancy, she can enjoy 15 days of maternity leave. If a female employee miscarries after four months of pregnancy, she is entitled to 42 days of maternity leave.

Article 8 The 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 is pregnant and gives birth, her employer shall, on the basis of a certificate from the medical department, grant a certain period of maternity leave.