Legal subjectivity:
The latest in 218, the standards and time for receiving maternity allowance in Xiamen are as follows. After giving birth, female employees should take care of their babies to breastfeed twice (including artificial feeding) during each shift. The time for single-child breast-feeding is 3 minutes each time, and the two breast-feeding times can also be combined. For those who have multiple births, the breastfeeding time will be increased by 3 minutes for each additional birth. After the baby reaches the age of one, if it is diagnosed as weak by the medical and health institutions at or above the county level, the lactation period of female employees may be appropriately extended, but the maximum period shall not exceed six months. Breastfeeding time and the round-trip time of breastfeeding in this unit shall be counted as labor time. Legal objectivity:
Maternity allowance: the living expenses given to professional women during their absence from work due to childbirth as stipulated by national laws and regulations. Some countries also call it cash subsidy for childbirth. There are two kinds of payment methods and payment standards of maternity allowance in China: first, in areas where social pooling of maternity insurance is implemented, the payment standard is paid according to the average monthly salary of employees in the previous year, and the period is not less than 9 days; Second, in areas where social co-ordination of maternity insurance is not carried out, maternity allowance is paid by the enterprise or unit, and the standard is the basic salary and price subsidy for female employees before giving birth, and the term is generally 9 days. In some areas, professional women who marry late and have children late are encouraged to extend the payment period of maternity allowance appropriately. Xiamen clearly stipulates that the answers to the hot questions related to maternity allowance during maternity leave are as follows: Adjusting the scope of labor that female employees are forbidden to engage in Q: What adjustments have been made to the scope of labor that female employees are forbidden to engage in? Answer: It is stipulated that the scope of labor that female employees are forbidden to engage in is listed in the appendix, and the scope of labor that female employees are forbidden to engage in is adjusted: the scope of labor that is forbidden to engage in during pregnancy and lactation is expanded, and the scope of labor that is forbidden to engage in during pregnancy is deleted, and the scope of labor that is forbidden to engage in during menstruation is reduced. The regulations point out that if a female worker cannot adapt to the original labor during pregnancy, the employer shall reduce the amount of labor or arrange other adaptable labor according to the certificate of the medical institution. For female employees who have been pregnant for more than 7 months, the employer shall not extend working hours or arrange night work, and shall arrange certain rest time during working hours. Pregnant female workers have prenatal examination during working hours, and the time required is included in working hours. The maternity leave is extended from 9 days to 98 days. Q: What are the regulations for maternity leave? A: According to the situation of soliciting opinions, it is stipulated that the maternity leave should be extended to 14 weeks, that is, 98 days, with reference to the provisions of the relevant conventions of the International Labour Organization that "women should have the right to enjoy maternity leave of not less than 14 weeks". Among them, you can take 15 days off before delivery; In case of dystocia, maternity leave will be increased by 15 days; In case of multiple births, the maternity leave will be increased by 15 days for each additional baby. Female employees who have miscarried under 4 months of pregnancy are entitled to 15 days of maternity leave; Those who have miscarried after 4 months of pregnancy are entitled to 42 days of maternity leave. Clearly stipulate the maternity allowance during maternity leave. Q: What are the regulations on maternity leave treatment? A: According to the Social Insurance Law, referring to the Trial Measures of Maternity Insurance for Enterprise Employees and the regulations of maternity insurance in various places, the provisions stipulate the treatment and related expenses of female employees who participate in maternity insurance and those who do not participate in maternity insurance respectively. Regarding the maternity allowance for female employees during maternity leave, those who have participated in maternity insurance shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees in the previous year by the employer, and those who have not participated in maternity insurance shall be paid by the employer according to the standard of the salary of female employees before maternity leave; With regard to the medical expenses for maternity or abortion of female employees, according to the items and standards stipulated in maternity insurance, those who have participated in maternity insurance shall be paid by the maternity insurance fund, and those who have not participated in maternity insurance shall be paid by the employer. Clarify the legal responsibility of the employer Q: What specific measures are there to ensure the implementation of the Regulations? A: It is stipulated that the labor protection supervision and management system for female employees should be adjusted to the administrative department of human resources and social security of the people's government at or above the county level and the supervision and management department of production safety should be responsible for supervising and inspecting the employer's compliance with this regulation according to their respective responsibilities. According to the Law on the Prevention and Control of Occupational Diseases and the Regulations on the Supervision of Labor Security, it is stipulated that the employer's legal responsibility for violating the labor protection of female employees should be clarified. At the same time, the regulations point out that the employer shall not lower the salary, dismiss, terminate the labor or employment contract of female employees because of pregnancy, childbirth and breastfeeding.