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Anonymous users2024-02-13Citizens who implement contraceptive measures or carry out family planning surgeries shall be given rest in accordance with regulations by their units with certificates from their medical units or family planning technical service institutions, such as 20-30 days of rest for abortions (including medical abortions). In the case of miscarriage due to various reasons after marriage (childless), we learned from the human resources and social security department that: according to the second paragraph of Article 8 of the Provisions on the Labor Protection of Female Employees, if a female employee has a miscarriage during pregnancy, her employer shall grant a certain amount of maternity leave according to the certificate of the medical department; The employer shall treat the employee as providing normal work and pay wages during the statutory holidays, annual leave, family visit leave, marriage and funeral leave, late marriage and late maternity leave, birth control surgery leave, prenatal check-up during pregnancy, maternity leave, breastfeeding time during lactation, nursing leave for men, and suspension of work and pay for employees injured at work.
For specific treatment, please consult the Suzhou Municipal Human Resources and Social Security Department.
Hope it works for you!!
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Anonymous users2024-02-12If 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.
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 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.
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Anonymous users2024-02-11The state uniformly stipulates that the maternity leave for miscarriage is 15 days or 42 days, and there is no relevant provision in the Labor Law.
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Anonymous users2024-02-10Treating the specific situation on a case-by-case basis is itself contrary to the relevant national policies.
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Anonymous users2024-02-09It probably can't, but it depends on your company's situation.
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Anonymous users2024-02-08Generally speaking, pregnancy and childbirth in violation of the regulations are not protected by law, and should not be entitled to maternity leave and salary according to the regulations, such as leave can only be handled according to personal leave.
2. Is it necessary to have a marriage certificate for maternity leave?
The law does not explicitly require a marriage certificate to apply for maternity leave, stipulating that only "childbirth" is required to enjoy maternity leave; The law considers children born out of wedlock to have the same rights as children born in wedlock. It's just that if you go to the employer to apply for maternity leave, they will ask for relevant documents. Maternity leave is a legal leave for working women in China before and after childbirth, generally speaking, from half a month before childbirth to two and a half months after childbirth, maternity leave can be taken at home.
In the case of late marriage and late childbearing, the maternity leave can be extended to four months. In the case of a woman on maternity leave, the employer cannot reduce her salary, nor can she directly dismiss or unilaterally terminate the labor contract with her. The reason why maternity leave is for women is to ensure that women can recover their health as soon as possible, from the basic human rights punishment, considering the physical health of working women, if the employer is matched, whether it is in line with the family planning policy, as long as there is a fact of childbirth, they should be allowed to enjoy maternity leave.
Article 8 of the Provisions on the Labor Protection of Female Employees provides that the maternity leave for female employees shall be 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 first 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.
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