Legal analysis: If the company's social security payment base is paid according to the full salary, then both maternity allowance and salary can be selected. If the company's social security payment base is not paid according to the full salary, then the company can be required to pay wages on a monthly basis without receiving maternity allowance, and the reimbursement of maternity allowance can be recorded by the company. This is because social security is the welfare that employees should enjoy, and the company does not pay social security according to the full salary, which has deprived employees of their rights and interests, so they cannot enjoy the reproductive rights at a discount. In practice, many companies are also very flexible. Some companies stipulate that there is no salary during maternity leave, and wages are paid according to maternity allowance, while others are paid according to wages, and maternity allowance is confiscated. Generally, the choice is high or low. It is recommended to fully understand the company's policies before making a decision. In principle, wages should be kept consistent with usual during maternity leave.
Legal basis: Social Insurance Law of the People's Republic of China
Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premium according to the state regulations, but the employees shall not pay the maternity insurance premium.
Article 54 If an employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowance.
Article 55 Maternity medical expenses include the following items:
(1) Maternity medical expenses;
(2) medical expenses for family planning;
(3) other project expenses stipulated by laws and regulations.
Article 56 An employee may enjoy maternity allowance in accordance with the provisions of the state under any of the following circumstances:
(1) Female employees enjoy maternity leave when giving birth;
(2) Enjoy family planning operation leave;
(3) other circumstances stipulated by laws and regulations. Maternity allowance shall be calculated and paid according to the average monthly salary of employees in the previous year of the employer where the employees work.