Legal basis: People's Republic of China (PRC) Social Insurance Law.
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.
Article 56 Employees may enjoy maternity allowance in accordance with state regulations 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 is calculated and paid according to the average monthly salary of employees in the previous year of the employer.
Article 18 of the Population and Family Planning Law of the People's Republic of China The state encourages a couple to have two children. Those who meet the requirements stipulated by laws and regulations may ask for another child. Specific measures shall be formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees. Ethnic minorities should also practice family planning, and the specific measures shall be formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or their standing committees. If the provinces, autonomous regions and municipalities directly under the Central Government where the husband and wife are registered are inconsistent, the principle of benefiting the parties shall apply.
The Decision of the State Council, the Central Committee of the Communist Party of China on Optimizing the Birth Policy and Promoting the Long-term Balanced Development of the Population implements the policy that a couple can have three children, cancels restrictive measures such as social support fees, cleans up and abolishes relevant punishment provisions, and implements positive birth support measures.