Can maternity leave be taken without 15 days in advance? According to the "Special Provisions on Labor Protection of Female Employees", female employees 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 5 of China's "Special Provisions on Labor Protection of Female Employees" stipulates that an employer shall not reduce the salary, dismiss, terminate the labor or employment contract of a female employee because of pregnancy, childbirth and breastfeeding. This legally guarantees that women's maternity leave is paid leave, which is the most basic maternity leave wage regulation.
How to calculate and pay wages during maternity leave?
1. If you do not participate in maternity insurance, the maternity leave salary shall be paid by the employer according to the pre-maternity leave salary standard.
2. If you have participated in maternity insurance, you can enjoy maternity allowance during maternity leave. This is your maternity leave salary, which will be paid by the maternity insurance fund.
The maternity allowance that employees should enjoy shall be calculated by dividing the average monthly salary of employees in the previous year by 30 and multiplying it by the prescribed number of vacation days.
During maternity leave, the maternity allowance is paid by the employer on a monthly basis according to the original salary standard of employees, and then allocated to the employer by the social insurance agency in accordance with the regulations. Conditional overall planning areas can be entrusted by social insurance agencies to financial institutions to directly issue maternity allowances to employees.
Is there maternity leave after giving birth to a second child? Having a second child needs to meet certain substantive and procedural requirements. After obtaining the re-birth certificate according to law, it belongs to family planning. Except for unplanned births and illegitimate births, regardless of the number of births, as long as they conform to the family planning policy, they can enjoy the corresponding maternity leave and other welfare benefits according to law. Therefore, the second child has maternity leave, and the second child's maternity leave is stipulated by law.
Comprehensive? Two children? After liberalization, to be born or not to be born has become a major choice for many couples of childbearing age. How long can two-child mothers take maternity leave and whether taking two-child maternity leave will aggravate gender discrimination in employment has also become a topic of keen concern.
The current maternity leave for pregnant women mainly consists of basic maternity leave and incentive maternity leave. Basic maternity leave is defined in the Special Provisions on Labor Protection for Female Workers? 98 days maternity leave? However, the late maternity leave that everyone is concerned about is a kind of incentive maternity leave, which is stipulated by all localities themselves, and there is no unified standard in the country.
According to the local policies and regulations on late maternity leave, it is basically 30 days, and women who give birth can only enjoy late maternity leave once in their lives. This means that having a second child can't be enjoyed. However, according to the existing 98-day maternity leave standard, it is obviously not enough for a mother to breastfeed her baby. In particular, many mothers who give birth to a second child are elderly women, and it takes longer to recover, let alone take care of two children.
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