Who pays for the new 80 day maternity incentive leave for female employees

The 80 days of maternity leave are mainly borne by the company, during which the company also needs to pay employees' salaries. The salary of female employees during the incentive leave period is not included in the maternity allowance and cannot be reimbursed to the social insurance agency, but is borne by the enterprise, and the maternity leave paid by the social insurance agency does not include 80 days of incentive leave.

Maternity allowance: It is the living expenses of female employees who leave work due to childbirth reasons stipulated by national law, and in some countries, it is also known as maternity cash allowance.

There is no maternity allowance during the maternity incentive leave, and there are two ways and standards for the payment of maternity allowance in China

1. In areas where maternity insurance is socially co-ordinated, the payment standard shall be subject to the average monthly wage of the employee in the previous year, and the payment period shall not be less than 98 days.

2. In areas where the social co-ordination of maternity insurance is not implemented, the maternity allowance shall be paid by the enterprise or unit. The standard is the basic salary and ** subsidy for female employees before childbirth, and the period is generally 98 days. Some localities have introduced incentive policies to appropriately extend the period for the payment of maternity allowances for working women who marry late.

In some areas, a one-time subsidy is provided to the spouses of male employees of enterprises participating in maternity insurance.

Maternity allowance impact:

1. The implementation of maternity allowance is a recognition of the reproductive value of women. Women's fertility is a need for social development, and while inheriting the family bloodline, it can make efforts for the reproduction of the social labor force, so the society should compensate for it. As a result, the protection of women's reproductive rights has been recognized and supported by most national policies, and 135 countries around the world have adopted legislation to protect women's legitimate rights and interests.

2. The implementation of maternity allowance can ensure the basic life of female employees. When a female worker leaves during childbirth and is unable to work, the State has adopted policies to ensure that she is entitled to the relevant benefits after resignation, including maternity allowance, medical care and special protection for those who are unable to work during pregnancy. In addition, the maternity allowance also creates certain favorable conditions for pregnant women to give birth smoothly.

3.The implementation of maternity allowance is necessary to improve the quality of the population. Maternity insurance can provide women who give birth with a basic wage, stabilize their standard of living, and provide them with medical services, including perinatal check-ups and health guidance, to monitor their normal fetus.

Legal basis

Article 8 of the Special Provisions on the Labor Protection of Female Employees The maternity allowance for female employees during the period of maternity leave shall be paid by the maternity insurance according to the standard of the average monthly wage of the employee in the previous year of the employer; 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 participated in the maternity insurance; For those who have not participated in maternity insurance, the employer shall pay for it.

Legal analysis: There will be differences in local regulations, and local family planning departments are inclined to consult. If there are specific questions**.

The number of days of maternity leave prescribed by the state:

1. Female employees are entitled to 98 days of maternity leave after giving birth, and their bridge preparers can take 15 days of maternity leave before giving birth;

2. Dystocia, increase maternity leave by 15 days;

3. For multiple births, the maternity leave will be increased by 15 days for each additional baby;

4. If the pregnancy is less than 4 months and the miscarriage is not carried out, 15 days of maternity leave shall be enjoyed;

5. If the pregnancy is 4 months old and the miscarriage is completed, the employee shall enjoy 42 days of maternity leave;

6. Maternity leave for late childbirth shall be prescribed by all provinces, autonomous regions and municipalities directly under the Central Government in accordance with the family planning regulations of their respective provinces.

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 you have a miscarriage after 4 months of pregnancy, you will be entitled to 42 days of maternity leave.