1993 The Regulations on Health Care for Female Workers jointly promulgated by the former Ministry of Health and the All-China Federation of Trade Unions once pointed out that female workers suffering from severe dysmenorrhea and menorrhagia can be given 1 to 2 days menstrual leave after diagnosis by medical or maternal and child health care institutions.
At the local level, there are at least ten provinces, including Beijing, Shanghai, Henan, Guangdong, Shaanxi, Shanxi, Anhui, Zhejiang, Hubei, Jiangsu, Jiangxi, Shandong, Gansu, Hunan and Sichuan. This right of female workers is clearly defined in local laws and regulations.
According to local regulations, the holidays that women can enjoy in "special period" are generally 1 to 2 days.
China's labor law clearly stipulates that female employees enjoy maternity leave of less than 90 days. 90 days is divided into two parts: prenatal leave 15 days and maternity leave of 75 days.
Legal basis: Article 25 of the Population and Family Planning Law of the People's Republic of China. Couples who have children in accordance with laws and regulations can get extended maternity leave or other welfare benefits.
Article 7 of the "Special Provisions on Labor Protection of Female Employees" allows female employees to enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave can be increased by 1 5 days for each additional child. Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.
People's Republic of China (PRC) social insurance law
Fifty-third employees should participate in maternity insurance, the employer should pay maternity insurance premiums in accordance with state regulations, and employees do not pay maternity insurance premiums.
Fifty-fourth employers have paid maternity insurance premiums, and their employees enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowance.
Fifty-fifth maternity medical expenses include the following:
(1) Maternity medical expenses;
(two) family planning medical expenses;
(3) Other project expenses stipulated by laws and regulations.
Fifty-sixth employees in any of the following circumstances, can enjoy maternity allowance in accordance with state regulations:
(1) Female employees enjoy maternity leave;
(2) Enjoy family planning operation leave;
(3) Other circumstances stipulated by laws and regulations.
Maternity allowance is calculated and paid according to the average monthly salary of employees in the previous year of the employer.