How is my maternity leave calculated?

Hello, according to the regulations, the age of 24 is considered late childbearing, so you cannot take late maternity leave. Generally, you take three months of maternity leave, and after receiving the only child certificate, you will ask the employer for 35 days of leave, starting from the 15th day of the expected date of delivery. If the caesarean section is broken, add another 15 days.

In addition, if you have medical insurance, you can go to the Social Security Bureau for reimbursement of relevant expenses with the invoice and list of hospital births. Peace to mother and child!

According to the relevant provisions of the Labor Law, the Provisions on the Labor Protection of Female Employees, and the Regulations of Shanghai Municipality on Population and Family Planning on Maternity Leave, female employees are entitled to a minimum of 90 days of maternity leave (15 days before childbirth), 105 days of leave for dystocia, and 30 days of leave for late childbirth stipulated in the Shanghai Family Planning Regulations, for a total of 120 days of leave. The specific legal provisions are as follows:

1.Article 62 of the Labour Code provides:"Female employees are entitled to maternity leave of not less than 90 days. "

2.Article 8 of the Provisions on the Labor Protection of Female Employees promulgated"Maternity leave for female employees is 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"。If a female employee has a miscarriage during pregnancy, her employer shall, on the basis of a certificate from the medical department, grant a certain period of maternity leave.

Article 24: A man who has reached the age of 25 and marries for the first time is considered to be a late marriage. When a woman reaches the age of 23 and marries for the first time, it is considered a late marriage. When a married woman gives birth to her first child, she reaches the age of 24 and has a late childbearing.

Article 33 Citizens who marry late may, in addition to enjoying the marriage leave prescribed by the state, have an additional seven days of late marriage leave. In addition to the maternity leave provided by the State, a woman who gives birth late in childbirth who meets the requirements of these Regulations shall have an additional 30 days of late childbirth leave, and her spouse shall enjoy three days of nursing leave for late childbirth. Enjoy the same treatment as marriage leave during late marriage leave, and enjoy the same treatment as maternity leave during late maternity leave and late maternity care leave.

Legal analysis: 128 days of maternity leave includes weekends and statutory holidays, maternity leave is calculated according to the number of days, the so-called number of days, not working days, in civil laws and regulations, there is no special provision, refers to the number of natural calendars, including rest days and statutory holidays.

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 for Female Employees》 Article 7 Female employees are entitled to 98 days of maternity leave after giving birth, 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.

Social Insurance Law of the People's Republic of China

Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.

Article 54 Where an employer has already paid maternity insurance premiums, its employees shall enjoy 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.

Article 55 Maternity medical expenses include the following:

1) Medical expenses for childbirth;

2) Medical expenses for family planning;

3) Other project expenses as provided for by laws and regulations.

Article 56 Under any of the following circumstances, employees may enjoy maternity allowance in accordance with the provisions of the State:

1) Female employees are entitled to maternity leave when they give birth;

2) Take 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.

Maternity leave during the epidemic period is consistent with maternity leave during normal periods, and the length of maternity leave is not affected by the epidemic situation. 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 98 days of maternity leave.

Legal basisArticle 7 of the Special Provisions on Labor Protection of Female Employees.

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 can be increased by 15 days for each additional child.

Article 8 of the Special Provisions on Labor Protection of Female Employees.

For female employees who have participated in maternity insurance, the maternity allowance during maternity leave shall be paid by maternity insurance according to the standard of the average monthly salary of employees 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 of the elder family shall be paid by the maternity insurance in accordance with the items and standards stipulated in the maternity insurance, and for those who have participated in the maternity insurance; For those who have not participated in maternity insurance, the employer shall pay for it.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysis: maternity leave, refers to the working women before and after the maternity leave treatment, generally from half a month before childbirth to two and a half months after childbirth, late marriage and late childbirth can be up to four months, China's labor law stipulates that female employees give birth to enjoy not 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.

Working women on maternity leave enjoy maternity insurance benefits, and the social security co-ordination will reimburse relevant medical expenses and pay maternity allowances. If a working woman does not participate in maternity insurance, the employer shall bear the responsibility.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employer may terminate the labor contract by notifying the employer three days in advance.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations by directing or forcing the employee to perform risky work, which endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.