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Maternity leave is 90 days, if you give birth late, that is, over 23 years old, it is 120 days, almost 4 months, breastfeeding leave is one year, there is one hour a day, that is, 365 hours, can be cumulatively used, calculated according to 8 hours a day, that is, days, it is about a month and a half, plus there will be regular check-up leave, used together, at most about half a year. As long as you have signed an employment contract, pregnant and lactating women cannot be dismissed, which is protected by the labor law. You have to pay your salary during this period.
But if you go home now, hehe, even if your child comes to work as soon as he is born, you will have to take 3 months of personal leave, which will not pay your salary.
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In the current Labor Law, there is no clear provision for male employees to take paternity leave, and the Labor Law only stipulates that female employees can take maternity leave after giving birth only in the provisions on labor protection for female employees. According to the provisions of the "Family Planning Regulations", if a woman gives birth to her first child after the age of 24, it is considered a late childbearing, and the man can enjoy one week of paid nursing leave.
This provision is a reward for late childbearing, as well as for the health of mothers and babies. It's just that some businesses tend to "discount" when it comes to execution.
Female employees are paid their wages during maternity leave, without affecting their benefits. In addition, they enjoy maternity insurance benefits for female employees.
There are regulations for female employees to take maternity leave.
In accordance with the relevant provisions of the state, the maternity leave of female employees shall not be less than 90 days, including 15 days of prenatal leave. In case of difficult birth, 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.
During the period of maternity leave, if the employer participates in maternity insurance, the social insurance institution shall pay the maternity allowance; If the employer does not participate in maternity insurance, the employer shall pay the salary during the maternity leave.
If a female employee has a miscarriage within 4 months of pregnancy, she shall be given 15-30 days of maternity leave; If the pregnancy is more than 4 months old, the abortion shall be granted 42 days. During maternity leave, wages are paid.
In addition, for employees who give birth late, there are certain provisions on reward leave. For example, Beijing stipulates that female employees who give birth late (over 24 years old) will be given an additional 30 days of incentive leave; Incentive leave can also be enjoyed by male employees; If the employee does not take incentive leave, the reward shall be given according to the standard of the woman's basic salary of one month.
During the maternity leave of a female employee, the employer shall not terminate the labor contract even if the labor contract expires.
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Legal analysisAfter maternity leave, you can also take breastfeeding leave. In accordance with the provisions of the labor laws and regulations, female employees are entitled to pregnancy, childbirth and lactation in accordance with the law. Generally, after the end of maternity leave, you can take 9 months of breastfeeding leave, but this breastfeeding leave is not mandatory in the law and belongs to the scope of negotiation between female employees and the employer.
The unit may or may not approve. However, female employees must be entitled to breastfeeding breaks in accordance with the law, which is mandatory. If you want to extend your maternity leave, it is best to apply for an extension in the form of a paper leave slip before the end of your maternity leave, and make a copy of the approved leave slip after the approval is approved, so as to deal with any disputes that may arise with the employer for the extension of maternity leave in the future.
Of course, the premise is that you must have children in accordance with the law. This regulation is a local regulation, and the unit should handle it in accordance with the law.
Legal basisSpecial Provisions on Labor Protection for Female Employees》 Article 9 Nonsense Discussion For female employees who are breastfeeding a child under the age of one, the employer shall not extend the working hours or arrange night shifts. The employer shall arrange a 1-hour breastfeeding break for lactating female employees during their daily working hours; If a female employee gives birth to multiple babies, the breastfeeding time shall be increased by 1 hour per day for each additional baby breastfed.
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Legal Analysis: Pregnant women can generally take 98 days of maternity leave. Maternity leave refers to the leave treatment of working women before and after childbirth, and the maternity leave period is generally from half a month before childbirth to two and a half months after childbirth, and can be extended to four months before and after late marriage and childbirth.
In addition, if a female employee has a miscarriage for less than 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. During the period of maternity leave, the employer shall not reduce the salary, dismiss or otherwise terminate the labor contract of a working woman.
Legal basis: Article 7 of the Special Provisions on Labor Protection of Female Employees 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 can be increased by 15 days for each additional child.
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1. According to the current regulations, the maximum maternity leave cannot exceed one year.
2. 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 difficult birth, 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.
3. In addition, the population and family planning regulations of various provinces have increased maternity leave for late childbirth, about 30 days.
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