The payment of maternity allowance and where is the maternity allowance issued

The allowance is based on the base of the month in which the child is born.

Legal analysis: 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, then the employee will be paid according to the maternity leave salary, and the maternity allowance will be returned to the enterprise. 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 to the employee, and the difference with the maternity leave salary will be made up to the employee, and the rest will go to the enterprise.

Maternity allowance is not equivalent to maternity pay. The main body of payment of maternity allowance is the institution of maternity insurance, and the main body of wage payment is the enterprise, and the two cannot be substituted for each other. According to the relevant regulations, the maternity allowance allocated by the social security institution to the employer according to the prescribed standard must be used by the employer for the wages and benefits that the employee should enjoy during the maternity and maternity leave.

Therefore, the maternity allowance is allocated to the employer rather than the employee, and the maternity allowance and maternity leave pay cannot be combined.

Legal basis: 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 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 8 For female employees who have already participated in maternity insurance, the maternity allowance shall be paid by maternity insurance according to the average monthly wage 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.

There are three main forms of maternity allowance:

1.If the employer has participated in maternity insurance for its employees, the maternity allowance shall be paid by the maternity insurance**;

2.If the employer has not participated in maternity insurance for its employees, the maternity allowance shall be paid by the unit in accordance with relevant regulations;

3.If an employee with non-local household registration fails to participate in the local maternity insurance, the maternity allowance shall be paid by the employer in accordance with relevant regulations (local wage payment measures, labor security regulations for female employees, etc.); Therefore, the maternity allowance is actually the salary for maternity leave, not a treatment that can be received repeatedly.

Employees who have not participated in maternity insurance, if they participate in social medical insurance, can enjoy medical insurance treatment during the hospitalization and childbirth, and the medical insurance coordinator will bear the relevant expenses arising from childbirth in proportion.

How long can the maternity allowance be reported: The maternity allowance will be submitted by the unit within 90 days from the date of birth, reviewed and filed by the Social Security Bureau, and then paid to the company, which takes about 2 months.

After giving birth to a child, the clerk of the unit should apply to the Shedong Envy Insurance Bureau to apply for maternity allowance.

Legal basis: Trial Measures for Maternity Debate Insurance for Enterprise Employees

Article 5. Female employees are entitled to maternity leave in accordance with the provisions of laws and regulations. The maternity allowance during the maternity leave shall be calculated and paid according to the average monthly salary of the employees of the enterprise in the previous year, and shall be paid by the maternity insurance**.

Therefore, the main body of payment of maternity allowance is the social security institution. The payment process is that the maternity allowance will be transferred to the employer's social security account and the female employee herself. After that, the company will pay the maternity allowance to the employee.

Legal analysis: There are three main forms of maternity allowance: 1

If the employer has participated in maternity insurance for its employees, the maternity allowance shall be paid by the maternity insurance**; 2.If the unit has not participated in the maternity insurance for the employees of the unit, the maternity allowance shall be paid by the unit in accordance with the relevant provisions of the limb oak; 3.If an employee with a non-local household registration fails to participate in the local maternity insurance, the maternity allowance shall be paid by the employer in accordance with the relevant regulations (local wage payment measures, labor security regulations for female employees, etc.), so the maternity allowance is actually the salary of maternity leave, not a treatment that can be received repeatedly.

Employees who have not participated in maternity insurance, if they participate in social medical insurance, can enjoy medical insurance treatment during the hospitalization and childbirth, and the medical insurance co-ordination will bear the relevant expenses arising from childbirth in proportion.

Legal basis: Article 54 of the Social Insurance Law of the People's Republic of China Where an employer has already paid maternity insurance premiums, its employees are entitled to 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.