Maternity leave refers to the leave treatment of working women before and after delivery, generally from half a month before delivery to two and a half months after delivery. Those who marry late and have children late can last up to four months before and after delivery, and female employees can enjoy maternity leave of not less than 90 days. During maternity leave, the employer shall not reduce his salary, dissolve or terminate the labor contract in other forms. Professional women enjoy maternity insurance benefits during maternity leave, and the social security pooling fund reimburses related medical expenses and issues maternity allowance; If a professional woman does not participate in maternity insurance, it shall be borne by the employer.
Prenatal leave: if you are pregnant for more than 7 months and have a work permit, you can take two and a half months' prenatal leave upon your application and the approval of the unit. The part that must be asked for leave according to local regulations shall be approved by the unit. For example, Shanghai stipulates that "there is a history of habitual abortion, severe pregnancy syndrome, pregnancy complications and so on. May affect the normal delivery, by my application, the employer shall be approved.
When taking maternity leave, employees who have participated in maternity insurance can pay their wages during maternity leave from the maternity insurance fund in accordance with the provisions of maternity insurance, and the standard is the base for paying social insurance in the current year. At the same time, you can also receive maternity allowance and medical allowance, and the unit will no longer pay maternity leave wages. Maternity allowance during maternity leave is calculated and paid by the maternity insurance fund according to the average monthly salary of employees in the previous year. The examination fee, delivery fee, operation fee, hospitalization fee and medicine fee for the birth of female employees shall be paid by the maternity insurance fund. The medical service fee and medicine fee (including self-funded medicine and nutritional medicine) exceeding the prescribed amount shall be borne by the employees themselves. I last year's average monthly wage income is higher than the average monthly wage of employees in this city by 300%, and the excess is not included in the payment base. The unpaid part of the maternity insurance fund, which is 300% higher than the average monthly salary of employees in the city, shall be paid by the unit in the form of maternity living allowance.
Legal basis:
Article 7 of the "Special Provisions on Labor Protection of Female Employees" allows female employees to enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child. Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.