According to China's "Special Provisions on Labor Protection for Female Workers"
Article 7 Female employees shall 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 will 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.
Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees of the employing unit in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave.
Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.
Extended data:
The reader who signed "Female Policemen of Hui 'an Public Security Bureau" recently wrote to 96339, reflecting that their maternity leave is only 98 days, while the maternity leave of official policemen is 158- 180 days. Why do their maternity leave shrink? The reporter interviewed the relevant departments on the number of days of maternity leave for female employees.
The Political Work Office of Hui 'an County Public Security Bureau replied that female police officers can only stop production leave in accordance with the relevant regulations of female employees because they are not civil servants. The basis for their maternity leave is Article 7 of the Special Provisions on Labor Protection for Female Employees (the State Council Order No.612), that is, "Female employees can enjoy 98 days of maternity leave when giving birth, and 15 days can be added in case of dystocia", and other units also implement it in this way.
However, the Quanzhou Municipal Health Planning Commission has different views that female workers in our province should stop taking maternity leave and implement the provisions of the Regulations on Population and Family Planning in Fujian Province.
The "Regulations" were formulated and passed by the Standing Committee of the Provincial People's Congress, which have legal effect and are implemented throughout the province. In the part of the Regulations on maternity leave, there is no requirement for the identity of female employees, that is, maternity leave of 158 days-180 days is uniformly implemented regardless of whether they are civil servants or not, regardless of whether they give birth to a second child.
The staff of the Labor Relations Department of Quanzhou Municipal Bureau of Human Resources and Social Security also said that compared with the Special Provisions on Labor Protection for Female Workers in the State Council Order No.619 of No.2012, the Regulations on Population and Family Planning in Fujian Province was updated later, so it should cover the previous provisions.
The maternity leave now implemented in our city is implemented in accordance with the Regulations of Fujian Province on Population and Family Planning. However, there is no special provision for civil servants' downtime leave, that is to say, there is no identity difference between female employees.
In the face of the distinction between the new regulations and the old regulations, how should female employees and their subordinate units respond? Lawyer Zhang Chuanjiang of Fujian Jianda (Quanzhou) Law Firm suggested that if there is a conflict between the two laws and regulations, the latter shall prevail, and the formulation of the Regulations on Population and Family Planning in Fujian Province must also be based on the superior law.
It is suggested that female employees consult with the unit first. If negotiation fails, she can report it to the higher authorities. If she fails, she can go through legal procedures.
Baidu Encyclopedia-Special Provisions on Labor Protection of Female Workers
Baidu Encyclopedia-Regulations of Guangdong Province on Population and Family Planning
People's Daily Online-How many days is maternity leave for female employees? ? Unified execution 158 days-180 days.