1. Is it legal for the unit not to pay wages during maternity leave?
1, legal, the salary paid by the company during maternity leave and the maternity allowance paid by the social security bureau cannot be enjoyed at the same time;
2. If the company has paid social security, the company does not need to pay wages to employees during maternity leave, but the company will apply for maternity allowance from the maternity insurance fund with the birth certificate of female employees, and the maternity allowance will be used as the salary of female employees during maternity leave.
3. If the unit fails to pay social security, the company will pay wages according to normal attendance during maternity leave.
Second, the difference between maternity allowance and maternity leave salary
Maternity allowance and maternity leave salary are not the same thing, and their main differences are reflected in the issuing institutions and enjoyment conditions, as follows:
1, the two concepts are different. Maternity allowance is the living expenses that the state gives female workers to enjoy maternity leave stipulated by the state. Maternity leave salary is the salary paid by the employer to employees on maternity leave.
2. Distribution entities are different. Maternity allowance is paid to the employer by the social insurance institution, and then paid to the fertility personnel by the employer. Maternity leave wages are paid directly to employees by the employer.
3. The two enjoyment conditions are different. The prerequisite for enjoying maternity allowance is that the unit must participate in maternity insurance. Moreover, some cities stipulate that maternity insurance premiums must be paid for a certain number of years, such as one year. However, the employer has not participated in maternity insurance and has not reached the payment period, and still needs to pay maternity leave wages.
4. The scope of the two is different. In areas where maternity allowance system is implemented, maternity allowance includes maternity leave salary. When the maternity allowance is higher than the maternity leave salary, the employer shall pay the balance of the maternity allowance to the employees. If the maternity allowance is lower than the employee's wage standard, the difference shall be made up by the employer.
3. How many days is maternity leave?
According to the Labor Law and the Provisions on Labor Protection of Female Employees issued by the State Council, female employees in any employer are entitled to maternity leave, with 90 days off, including prenatal leave 15 days. In case of dystocia, maternity leave shall be increased 15 days. For multiple births, the maternity leave will be increased by 15 days for each additional baby. If a female worker is pregnant and aborts, the unit where she works shall give a certain period of maternity leave according to the certificate of the medical department. Maternity leave 15 to 30 days for female employees who have miscarried within 4 months of pregnancy; 42 days maternity leave shall be given to those who have miscarried for more than 4 months.
Maternity leave and prenatal leave belong to the category of expectant maternity leave, and the law does not clearly stipulate the treatment of expectant maternity leave. If a female worker needs to take maternity leave for physical reasons, she can apply for sick leave according to the doctor's advice.
Maternity leave for female employees shall be implemented according to the following conditions:
1. The only child who gives birth naturally is given 98 days of maternity leave, including 15 days before delivery and 83 days after delivery.
2, dystocia, increase maternity leave for fifteen days; For multiple births, the maternity leave will be increased by 15 days for each additional baby.
Female employees enjoy maternity leave of not less than 98 days, including pre-pregnancy leave 15 days. If a married woman over 24 years old gives birth to her first child late, the maternity leave will be increased by 30 days. In case of delivery in distress (such as cesarean section, abnormal uterine aspirator and flat fetus delivery with forceps), maternity leave shall be increased 15 days. In case of multiple births, the maternity leave will be increased by 65,438+05 days for each additional baby.
Therefore, whether it is legal for the unit not to pay wages during maternity leave depends on the situation. If maternity insurance is not purchased, the company should pay wages normally during maternity leave. But in theory, employees should have maternity insurance, but there are not a few companies that do not buy commercial insurance for employees. There are many cases in which employees are not paid during maternity leave and are directly dismissed.