Legal basis: Article 53 of the Social Insurance Law of People's Republic of China (PRC), employees shall participate in maternity insurance, and the employer shall pay maternity insurance premium according to the provisions of the state, but employees shall not pay maternity insurance premium.
Fifty-fourth employers have paid maternity insurance premiums, and their employees 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.
Fifty-sixth employees in any of the following circumstances, can enjoy maternity allowance in accordance with state regulations:
(1) Female employees enjoy maternity leave;
(2) Enjoy family planning operation leave;
(3) Other circumstances stipulated by laws and regulations.
Maternity allowance is calculated and paid according to the average monthly salary of employees in the previous year of the employer.