Legal subjectivity:

Hello, the question you want to consult about the conditions for obtaining maternity allowance in Shanghai belongs to family planning, and gives birth or miscarries (including natural abortion and induced abortion) in medical institutions set up in obstetrics and gynecology according to regulations. Women who have given birth under any of the following circumstances can apply for maternity living allowance and maternity medical expenses subsidy according to regulations: 1. Working women with urban household registration in this city have already participated in their work units. 2. Unemployed women with urban household registration in this Municipality participated in urban social insurance in this Municipality as required and established personal accounts as required; 3, with the city's urban household registration of informal employment labor organization personnel, to participate in the city's urban social insurance and established a personal account in accordance with the provisions; 4. Working women who do not have urban household registration in this Municipality have established labor relations with employers who participate in urban social insurance in this Municipality and established personal accounts according to regulations; 5. Before the implementation of the Notice on Several Issues Concerning the Flexible Employment Personnel's Participation in the Basic Old-age Pension and Medical Insurance for Urban Workers in this Municipality, the insured personnel were required by the Notice on Issuing the Trial Opinions on the Old-age Pension and Medical Insurance for Freelancers in this Municipality, and the payment was not interrupted after the implementation of the notice. Legal objectivity:

Maternity allowance refers to the living expenses given to professional women during the period when they leave their jobs due to childbirth as stipulated by national laws and regulations. Some countries also call it cash subsidy for childbirth. There are two kinds of payment methods and payment standards of maternity allowance in China: first, in areas where social pooling of maternity insurance is implemented, the payment standard is paid according to the average monthly salary of employees in the previous year, and the period is not less than 9 days; Second, in areas where social co-ordination of maternity insurance is not carried out, maternity allowance is paid by the enterprise or unit, and the standard is the basic salary and price subsidy for female employees before giving birth, and the term is generally 9 days. In some areas, professional women who marry late and have children late are encouraged to extend the payment period of maternity allowance appropriately. New Regulations on Maternity Allowance in Hainan: Newly added maternity allowance in Hainan, unemployed people can enjoy spouse treatment: After three deliberations, the 13th meeting of the Standing Committee of the 4th National People's Congress of Hainan Province voted on January 21st, 21 to pass the Regulations on Maternity Insurance for Urban Employees in Hainan Province (Draft). The new regulations add maternity allowance to the maternity insurance benefits, and at the same time expand the scope of the subjects who enjoy the benefits. If only the husband and wife participate in maternity insurance, their unemployed spouse can enjoy maternity insurance benefits other than maternity allowance. The collection rate of maternity insurance does not exceed .6%. The existing payment rate of maternity insurance in our province is .5% of the total monthly salary of employees of the employer, which is paid by the employer. In the drafting and deliberation of the new regulations, the determination of the rate has always been the focus of controversy. The original draft proposed to raise the contribution rate to no more than 1%. During deliberation, members of the Standing Committee believed that the upper limit of 1% was too high, which might increase the burden on enterprises. According to the calculation of the payment ability of maternity insurance and the accumulated balance of maternity insurance fund in our province, the Standing Committee finally decided to adjust the collection rate to a monthly payment of no more than .6% of the total wages. In addition, the new regulations also stipulate the payment base, which is determined by the actual total wages of the employees of the employer. If the actual total monthly salary of employees in the employing unit is lower than 6% of the average monthly salary of employees in the previous year in the overall planning area, the total monthly salary shall be determined according to 6% of the average monthly salary of employees in the previous year in the overall planning area; If the total actual monthly salary of employees in the employing unit exceeds 3% of the average monthly salary of employees in the last year in the overall planning area, maternity insurance premium will not be paid. The new regulations on increasing maternity allowance for maternity insurance benefits include maternity allowance in the scope of payment of maternity insurance fund, and it is clear that during the period when employees enjoy maternity allowance, the employer will no longer pay their wages, and if the maternity allowance is lower than their maternity leave salary, the employer will make up for it. According to the new regulations, if the employees of an employer have one of the following circumstances, they will be changed from receiving wages to enjoying maternity allowance during the statutory leave period: First, female employees enjoy maternity leave in accordance with state regulations; Second, employees enjoy family planning surgery leave in accordance with state regulations; Third, other circumstances stipulated by laws and regulations. However, the unemployed spouse of the employer's employees does not enjoy maternity allowance. The new regulations also stipulate the payment of maternity allowance. Maternity allowance is paid by the day and paid by the month. The daily standard of maternity allowance is that when employees give birth or carry out family planning operations, the average monthly payment base of maternity insurance premium paid by the employer for the first 12 months is divided by 3. The number of days for female employees to enjoy maternity allowance shall be calculated according to the following provisions: (1) For those who give birth or induce labor for more than 7 months, and those who give birth prematurely for less than 7 months, it shall be calculated as 9 days. In case of dystocia, it will be increased by 15 days, and in case of multiple births, it will be increased by 15 days for each additional baby. (two) pregnancy for more than 3 months, less than 7 months to terminate the pregnancy, according to 45 days. (3) If the pregnancy is terminated within 3 months, it shall be counted as 3 days. (four) female employees who perform tubal ligation are counted as 3 days. Male employees who have vasectomy are entitled to maternity allowance for 15 days. In addition, the maternity allowance is allocated to the employer by the social insurance agency according to the provisions of these regulations, and the employer shall pay it in full and on time. If the maternity allowance enjoyed by employees is lower than their actual wages, the employer shall make up for it; If it is higher than its actual salary, the employer shall not withhold it. Compared with the existing maternity insurance measures, the unemployed spouse of employees can enjoy the main scope of treatment. If only the husband and wife participate in maternity insurance, their unemployed spouse can enjoy maternity insurance benefits except maternity allowance. According to the new regulations, medical expenses such as examination fees, treatment fees, delivery fees, operation fees, hospital bed fees, medicine fees and delivery complications incurred by employees or unemployed spouses during pregnancy, childbirth and puerperium shall be paid from the maternity insurance fund. Employees or unemployed spouses of employees who place or take out intrauterine devices, abortion, induction of labour, sterilization, recanalization and other medical expenses that meet the requirements due to the implementation of family planning operations shall be paid from the maternity insurance fund. If the unemployed spouse of employees enjoys maternity insurance benefits in accordance with the provisions of these regulations, he will no longer enjoy the treatment of reimbursement of maternity medical expenses in the new rural cooperative medical system or the basic medical insurance for urban residents in this province. Retirees who retire in this province and receive the basic pension (retirement fee) on a monthly basis can enjoy maternity insurance benefits other than maternity allowance if their units participate in maternity insurance. Employees or unemployed spouses of employees give birth in different places or carry out family planning operations, and the maternity insurance benefits they enjoy are paid by social insurance agencies from the maternity insurance fund in accordance with the provisions of these regulations.