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If the maternity leave arranged by the employer does not comply with the relevant regulations, the employee may complain to the people's human resources and social security administrative department at or above the county level in accordance with the law, and the people's human resources and social security administrative department at or above the county level shall handle it in accordance with the law.
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 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.
Article 13: Where an employer violates the provisions of paragraph 2 of article 6, article 7, or paragraph 1 of article 9 of these Provisions, the administrative department for human resources and social security of the people's ** at the county level or above shall order it to make corrections within a set period of time, and impose a fine in accordance with the standard of between 1,000 and 5,000 RMB per female employee who has been violated.
Where an employer violates the provisions of Articles 1 and 2 of the Appendix to these Provisions, the people's production safety supervision and management department at or above the county level shall order it to make corrections within a set period of time, and impose a fine in accordance with the standard of between 1,000 and 5,000 yuan per female employee who has been violated. If the employer violates the provisions of Articles 3 and 4 of the Appendix to these Provisions, the people's production safety supervision and management department at or above the county level shall order it to rectify within a time limit and impose a fine of not less than 50,000 yuan but not more than 300,000 yuan; and where the circumstances are serious, order the relevant operations to be stopped, or request that the relevant people order them to close down in accordance with the authority provided for by them.
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This is necessary, but I was thinking that if I went to complain to them in advance, they would not be able to fire me for the time being, and the maternity allowance would still be paid. Wouldn't it be better that way.
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Legal analysis: The statutory maternity leave stipulated by the state is 98 days, which is divided into two parts: 15 days of prenatal leave and 75 days of postnatal leave. According to the law, 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.
Maternity leave refers to a calendar day rather than a working day.
Legal basis: Special Provisions on Labor Protection of Female Employees in Lianglu Article 7 Female employees are entitled to 98 days of maternity leave when they give birth, and Lu Xiao can take 15 days of leave before giving birth; 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 within 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.
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Hello, it should be the Labor Bureau.
Why don't you ask a lawyer?
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The company's maternity leave is not given in accordance with the regulations, and it is useful to make a ** complaint. If the employer cannot negotiate a settlement, you can file a complaint with the local labor inspection department or apply for a settlement by making a false judgment in the labor field. The behavior of the orange resistant rock is illegal, and the worker can complain to the local labor authority and request the employer to correct the illegal behavior.
Marriage leave is statutory, and it is not a question of whether the employer will give it or not. Labor Complaint No. 12333.
Maternity Leave StandardsArticle 7 of the Special Provisions on Labor Protection for Female Employees Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth, 15 days of maternity leave are added in case of dystocia, and 15 days of maternity leave are added for each additional child born in case of multiple births. Female employees who miscarry before 4 months of pregnancy are entitled to 15 days of maternity leave, and 42 days of maternity leave if they miscarry after 4 months of pregnancy. If you marry late and have children later, you need to check the regulations of your city for how many days you want to extend.
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