First of all, are you married? If not, you will get nothing.

Article 62 of China's Labor Law stipulates that "female employees shall enjoy maternity leave of not less than 9 days when giving birth." However, this does not mean that as long as female employees give birth, they should enjoy maternity leave no matter what the situation. Maternity leave for female workers is a part of maternity insurance benefits, which is based on the premise of establishing a legal marriage relationship and conforming to the marriage law and family planning policy. According to the Regulations on Labor Protection of Female Workers implemented in the State Council on September 1, 1988 and other relevant regulations, when a female worker gives birth out of wedlock, she can't enjoy maternity treatment in accordance with the provisions of the labor insurance regulations, and she should not be paid for the time she needs to rest. It is against the Marriage Law that you give birth to children without establishing a legal marriage, and should not be protected by law. Although the children born are innocent, they cannot enjoy maternity insurance benefits due to their own mistakes.

If it is a legal marriage, please refer to-Notice of the Ministry of Labor on Several Issues Concerning the Maternity Treatment of Female Employees [1988] No.2 (September 4, 1988)

Notice of the Ministry of Labor on Several Issues Concerning the Maternity Treatment of Female Employees

Notice of the Ministry of Labor on No.2 [1988]

Provisions of the State Council on the Labor Protection of Female Employees, With the consent of the Ministry of Personnel, several specific issues in the implementation are hereby notified as follows:

1. When a female employee is pregnant for less than four months and miscarries, she shall be given maternity leave of 15 to 3 days according to the opinions of the medical department; Forty-two days' maternity leave shall be granted when the pregnancy is more than four months. During maternity leave, the salary will be paid as usual.

2. When a pregnant female worker is examined and delivered in a medical institution of the unit or a designated medical institution, the examination fee, delivery fee, operation fee, hospitalization fee and medicine fee shall be borne by her unit, and the expenses shall be paid by the original medical fund channel.

3. If a female employee is unable to work due to physical reasons after the maternity leave expires, after being certified by the medical department, her treatment beyond the maternity leave period shall be handled according to the relevant provisions of the employee's illness.

iv. this circular shall be implemented as of September 1st, 1988.

In addition, the regulations on maternity are different in every place, even in every city, because I don't know where you are from. Here are the measures for the administration of maternity insurance for employees in Suzhou, for reference only:

Measures for the administration of maternity insurance for employees in Suzhou

Article 1 In order to safeguard the legitimate rights and interests of female employees and ensure their basic living and medical needs during childbirth, according to the Law of the People's Republic of China on the Protection of Women's Rights and Interests,

article 2 these measures are applicable to all kinds of enterprises, state organs, institutions, social organizations, private non-enterprise units, individual economic organizations, foreign units stationed in the Soviet union (hereinafter referred to as "employing units") and their employees or employees (hereinafter referred to as "insured employees") within the administrative area of this municipality.

the specific measures for flexible employees to participate in maternity insurance shall be formulated separately by the administrative department of labor security in conjunction with relevant departments.

article 3 the municipal labor security administrative department is in charge of maternity insurance for employees in the whole city, and is responsible for the formulation, organization, implementation, supervision and management of maternity insurance policies, as well as the collection, management, supervision and inspection of maternity insurance premiums. The administrative department of labor and social security at the county level shall be responsible for the work of maternity insurance within their respective administrative areas. The social insurance agency established by the labor security administrative department of the city or county-level city (hereinafter referred to as the "social insurance agency") is responsible for the income and expenditure and socialized management of the maternity insurance fund.

The departments of finance, taxation, health, population and family planning shall, in accordance with their respective responsibilities, coordinate the work related to maternity insurance; Trade unions and women's federations at all levels shall exercise mass supervision over the implementation of these measures according to law.

article 4 maternity insurance shall be based on the principle of territoriality, and a maternity insurance fund shall be established. Maternity insurance funds are collected in accordance with the principle of "fixed income by expenditure and basic balance of income and expenditure". Maternity insurance premiums are paid monthly by the employer according to the proportion of 1% of the total wages of all employees, and the insured employees do not pay. The upper and lower limits of the maternity insurance payment base shall be implemented according to the upper and lower limits of the employee social insurance payment base published by the Municipal Labor and Social Security Bureau and the Finance Bureau in the current year. The proportion of maternity insurance premium payment in other overall planning areas shall be determined by the overall planning regional government, and adjusted in a timely manner according to the local economic development and the use of maternity funds.

maternity insurance premiums are collected by social security agencies and tax authorities on a monthly basis, and the employing unit shall pay maternity insurance premiums in full and on time in accordance with the regulations on the collection and payment of social insurance premiums in Jiangsu Province. If the maternity insurance premiums are not paid within the time limit, in addition to the unpaid amount, an overdue fine of 2‰ will be charged on a daily basis from the date of default.

Article 5 The allocation channels of maternity insurance premiums are: administrative organs, institutions and social organizations shall solve the problem according to the original funding channels; Institutions owned by the whole people under quota or fixed item management shall be implemented in accordance with relevant state regulations; Maternity insurance premiums paid by other payment units are included in the enterprise management expenses and are charged before tax.

Article 6 The maternity insurance fund consists of the following items:

(1) Maternity insurance premium paid by the employer;

(2) Value-added income such as interest of maternity insurance fund;

(3) late fees for maternity insurance;

(4) other funds incorporated into the maternity insurance fund according to law.

The maternity insurance fund bears interest according to the deposit interest rate stipulated by the People's Bank of China, and the interest earned is transferred to the maternity insurance fund. The maternity insurance fund shall be included in the financial account management, which shall be used for special purposes, and no unit or individual may misappropriate it.

Article 7 The maternity insurance fund is used to pay the following maternity insurance benefits:

(1) Maternity medical expenses;

(2) Maternity nutrition subsidies and perinatal health care subsidies;

(3) Maternity allowance;

(4) One-time maternity allowance;

(5) family planning operation expenses;

(6) Other expenses related to maternity insurance stipulated by the government.

Article 8 To enjoy maternity insurance benefits, employees must meet the following conditions at the same time:

(1) Meet the national family planning policy and statutory maternity conditions;

(2) During childbirth or family planning operation, the employer has participated in maternity insurance and has paid for it for more than 1 months without interruption.

article 9 maternity medical expenses such as examination fees, delivery fees, operation fees, hospitalization fees and medicine fees that meet the requirements of medical insurance settlement, and medical expenses for maternity complications are included in the settlement scope of maternity insurance fund. The above medical expenses incurred by female workers in maternity insurance designated hospitals shall be paid by social security agencies and maternity insurance designated hospitals.

article 1 in order to further improve the quality of the birth population and the health level of female workers, all female workers who are eligible to enjoy maternity leave for more than 9 days (including 9 days) as stipulated by the state can enjoy maternity nutrition subsidies and perinatal health care subsidies. Specific quota subsidy standards are: nutrition subsidy in 3 yuan and health care subsidy in 7 yuan. The perinatal health inspection fee for female workers shall be paid in the designated maternity insurance hospital according to the relevant provisions of medical insurance.

article 11 female employees who meet the requirements of article 8 of these measures shall enjoy maternity leave in accordance with the relevant provisions of the state and the province, and the wages of employees during maternity leave shall be paid by the employer according to the provisions, and the maternity insurance fund shall compensate the unit in the form of maternity allowance. The compensation standard of maternity allowance is as follows: < P > (1) Female employees who are pregnant for more than 7 months (including 7 months) and give birth naturally or give birth prematurely less than 7 months, are entitled to maternity allowance for 3 months; In case of dystocia and cesarean section, the maternity allowance will be increased for half a month; In case of multiple births, the maternity allowance will be increased by half a month for each additional baby.

(2) Those who have miscarried or induced labor for more than 3 months (including 3 months) and less than 7 months are entitled to one and a half months' maternity allowance.

(3) If the pregnancy is aborted due to pathological reasons within 3 months, one month's maternity allowance will be granted.

(4) The maternity allowance is based on the average monthly payment salary of maternity insurance in the 12 months before my prenatal or family planning operation.

Article 12 The following persons who meet the requirements of Article 8 of these Measures can enjoy a one-time maternity allowance:

(1) Female employees can apply for a one-time maternity allowance when giving birth while receiving unemployment insurance benefits. The subsidy standard is: 4 yuan for miscarriage, 2,4 yuan for natural delivery, 4, yuan for dystocia and multiple births.

(2) The spouse of the insured male employee is not included in the maternity insurance, and when the spouse gives birth to the first child, he can enjoy a one-time maternity allowance of 5% according to the subsidy standard in the first paragraph.

Article 13 The operating expenses for family planning refer to the expenses incurred by placing (taking out) IUD, abortion, induction of labour, skin burying, sterilization and recanalization for the needs of family planning. The cost of family planning operation of the insured workers shall be paid by the social security agency in accordance with the regulations and the designated medical institutions of maternity insurance.

Article 14 On the premise of ensuring the safe operation of the maternity insurance fund, the labor and social security department may, jointly with the departments of finance, health, population and family planning, trade unions, women's federations and other departments, organize a general survey of women's diseases in a planned way to improve the health level of female workers.

Article 15 The fixed settlement standard of maternity medical expenses and family planning operation expenses shall be comprehensively determined by the municipal labor and social security administrative department according to the per capita expenses of normal maternity and family planning operations in different types of medical institutions and the affordability of maternity insurance funds, and announced to the public.

article 16 maternity insurance medical services shall be managed by designated medical institutions. The scope of designated medical institutions for maternity insurance includes medical institutions with midwifery skills and family planning technical service qualifications recognized by the health department and family planning technical service institutions recognized by the population and family planning department (these Measures are collectively referred to as "designated medical institutions for maternity insurance"). The identification, management and assessment of the qualifications of designated medical institutions for maternity insurance shall be carried out in accordance with the provisions of the administrative measures for designated medical institutions for medical insurance.

article 17 the social security agency shall sign a maternity insurance medical service agreement with the designated medical institution of maternity insurance, clarify the rights and obligations of both parties, timely settle relevant expenses with the designated medical institution of maternity insurance according to the agreement and quota standards, and check the use of relevant expenses. At the same time, we should simplify the handling process, improve work efficiency and continuously improve the management service level.

Article 18 When a female employee has a pregnancy check-up in a designated maternity insurance hospital for the first time after pregnancy, the designated maternity insurance hospital shall establish a "perinatal health card" for her in time, and advocate the screening of fetal defects for pregnant women. The information of perinatal health check-up for female employees can be shared among all designated maternity insurance hospitals.

The designated medical institutions of maternity insurance should carefully check the Medical Insurance Medical Record, Social Insurance Card (hereinafter referred to as "medical card") and the contact list of family planning when providing obstetric and family planning examination, treatment and operation services for female employees, and confirm their eligibility for maternity insurance benefits through the medical insurance network.

Designated medical institutions for maternity insurance shall conduct reasonable inspection, reasonable treatment and standardize fees. For the insured workers who intend to undergo family planning surgery and childbirth, the attending doctor shall fill out the Notice of the Expenses of Maternity and Family Planning Surgery for the Insured Workers and inform the insured workers in writing; Before using self-funded items or providing special medical services, the obligation to inform the self-funded items in writing shall be fulfilled according to the regulations, and the self-funded expenses shall be paid in cash by the insured employees at designated medical institutions. Except for special medical services, the self-funded rates shall be strictly controlled.

Article 19 The medical expenses for childbirth and family planning operation of female workers shall be settled according to the following procedures:

(1) After the female workers are pregnant or before the planned family planning operation, the employer shall issue a certificate, and the floating population shall issue the Marriage and Childbearing Certificate of the Floating Population and the Identity Card of both husband and wife at the same time, and go to the population and family planning department of the street (town) where the household registration or residence is located for verification and confirmation.

(2) The medical expenses incurred by a female employee in childbirth and family planning operation at a designated medical institution of maternity insurance with her medical card and family planning contact list, which meet the requirements of maternity insurance settlement and the scope of medical insurance medication and medical insurance services, shall be settled and paid by the social security agency and the designated medical institution of maternity insurance. Medical expenses incurred by female workers during childbirth due to the following diseases: amniotic fluid embolism, intractable postpartum hemorrhage, acute fatty liver during pregnancy, and disseminated intravascular coagulation (DIC) that exceed the quota and meet the scope of settlement shall be settled by the maternity insurance fund after being audited by the social security agency.

(3) After the medical expenses for childbirth and abortion of female workers in other places or in designated medical institutions other than maternity insurance due to emergency are paid by female workers in cash, they shall go through the reimbursement procedures for maternity medical expenses at social security agencies with medical card, discharge summary, family planning contact list, medical expenses list and settlement documents. Pay according to the quota standard of similar hospitals, which is lower than the quota standard and reimbursed according to the actual situation, and the part exceeding the quota standard will not be paid.

(4) The hospitalization medical expenses incurred by the insured workers due to diseases, ectopic pregnancy, hydatidiform mole termination and complications of family planning operation shall be paid according to the provisions of medical insurance.

Article 2 Maternity nutrition subsidies and perinatal health care subsidies shall be directly paid to insured employees by social security agencies. Female workers should go to the social security agency to apply for maternity nutrition subsidies and perinatal health care subsidies within 6 months after the payment of postpartum expenses, with their medical card, discharge summary and birth medical certificate for newborns, and the maternity nutrition subsidies and perinatal health care subsidies are directly distributed to individual workers. Maternity allowance shall be directly allocated to the employer by the social security agency after applying for maternity nutrition allowance and perinatal health care allowance for female employees.

female employees who have planned to give birth and have a fetus, newborn or maternal death can enjoy maternity insurance related benefits according to regulations.

Article 21 Unemployed female employees and insured male employees of the employing unit who are eligible to apply for one-time maternity allowance shall present their Employment Registration Certificate (Labor Manual), Identity Card, Family Planning Contact Sheet, Birth Medical Certificate, Discharge Summary, and settlement documents, and male employees shall also provide household registration book, marriage certificate, and proof of no work unit and no fixed income issued by the labor security management department of the township (street) where their spouses are registered.

Article 22 The following expenses shall not be paid from the maternity insurance fund:

(1) the expenses of illegal childbirth;

(2) the cost of terminating pregnancy for the second time or more in a natural year (except taking long-term contraceptive measures);

(3) medical expenses incurred during pregnancy, childbirth and maternity leave due to diseases;

(4) medical expenses for termination of pregnancy due to suicide, self-mutilation, fighting, alcoholism, drug abuse, illegal acts, traffic accidents, medical accidents, etc.;

(5) expenses incurred by medical accidents caused by fertility and family planning operations;

(6) Expenses for medical treatment, nursing, health care, daily necessities, etc. for infants other than routine treatment for newborns;

(7) Maternity expenses incurred abroad or in Hongkong, Macao Special Administrative Region and Taiwan Province;

(8) Other expenses beyond the scope and standards stipulated in maternity insurance.

Article 23 The wages of female employees during birth control operation leave and maternity leave shall be paid by the employing unit in accordance with Article 29 of the Regulations on Wage Payment in Jiangsu Province; Because the employer did not participate in maternity insurance, the payment of students was interrupted