Legal analysis: Maternity insurance is included in the five social security insurances. The maternity insurance fund pays maternity allowances to female employees based on the employer’s average monthly salary standards for employees in the previous year.
For details, you can go to the Social Security Bureau for processing and consultation.
Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 25 Couples who have children in compliance with laws and regulations can receive rewards for extending maternity leave or other benefits.
"Special Regulations on Labor Protection of Female Employees" Article 7 Female employees are entitled to 98 days of maternity leave after childbirth, of which 15 days are allowed before childbirth; in the case of difficult labor, an additional 15 days of maternity leave shall be added; in the case of multiple births, for each additional baby, an additional 15 days of maternity leave shall be provided.
Increase maternity leave by 15 days.
If a female employee has a miscarriage before the fourth month of pregnancy, she will enjoy 15 days of maternity leave; if she has a miscarriage of more than four months of pregnancy, she will enjoy 42 days of maternity leave.
Article 53 of the "Social Insurance Law of the People's Republic of China" states that employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with national regulations. Employees shall not pay maternity insurance premiums.
Article 54 If the employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; the unemployed spouses of employees shall enjoy maternity medical expense benefits in accordance with national regulations.
The required funds are paid from the maternity insurance fund.
Maternity insurance benefits include maternity medical expenses and maternity allowances.
Article 55: Childbirth medical expenses include the following items: (1) Medical expenses for childbirth; (2) Medical expenses for family planning; (3) Other project expenses stipulated by laws and regulations.
Article 56 Employees who have any of the following circumstances may enjoy maternity allowances in accordance with state regulations: (1) Female employees enjoy maternity leave when they give birth; (2) They enjoy leave for family planning surgery; (3) Other circumstances stipulated by laws and regulations.
Maternity allowances are calculated and paid based on the average monthly salary of employees in the employer of the employee in the previous year.