Maternity leave refers to the leave treatment for 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 be as long as four months before and after delivery, and female employees can enjoy maternity leave of not less than 98 days. During the period of maternity leave, the employer shall not reduce her salary, dismiss or terminate the labor contract in other forms. Female employees are entitled to 98 days of maternity leave when giving birth, including 15 days before delivery, 15 days for dystocia and 1 5 days for multiple births. Female employees who have miscarried less than 4 months after pregnancy are entitled to 15 days maternity leave, and those who have miscarried more than 4 months after pregnancy are entitled to 42 days maternity leave.
Workers 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 surgery leave;
3. Other circumstances stipulated by laws and regulations.
Maternity allowance shall be calculated and paid according to the average monthly salary of employees in the previous year of the employer where the employees work.
Related treatment:
1, salary, during the maternity leave or the man's care leave of female employees, the employer shall pay the holiday salary according to the standard not lower than the employee's own standard salary;
2, prenatal examination, pregnant female workers, prenatal examination during working hours, should be counted as working hours, the unit should not deduct wages for this reason;
3. Postpartum breast-feeding leave. For female employees with babies under one year old, the unit where they work should give them two breast-feeding times, 30 minutes each time. For multiple births, the breast-feeding time will be increased by 30 minutes for each additional baby.
The two breast-feeding hours of female workers in each shift can be used together. Breastfeeding time and the time on the way back and forth in this unit are counted as labor time.
legal ground
Labor Law of the People's Republic of China
Article 62 Female employees shall enjoy maternity leave of not less than 90 days.