1. What is the latest regulation on breastfeeding leave?
Breastfeeding leave means that if a woman has difficulty breastfeeding her baby after the maternity leave expires, her employer can give her breastfeeding leave of 1 year upon her own application.
Special Provisions on Labor Protection of Female Workers
Article 9 The employing unit shall not extend the working hours or arrange night shift work for female employees who breast-feed infants under 1 one year old.
The employing unit shall arrange 1 hour breastfeeding time for lactating female employees during daily working hours; If a female worker gives birth to multiple births, the breastfeeding time will be increased by 1 hour every day for each additional baby.
Article 10 An employing unit with a large number of female employees shall, according to the needs of female employees, set up facilities such as female employees' health rooms, pregnant women's lounges, breastfeeding rooms, etc. to properly solve the difficulties of female employees in physiological hygiene and breastfeeding.
Regarding breastfeeding leave:
Breastfeeding leave and breastfeeding time of one hour per day are two concepts.
Breastfeeding leave means that if a woman has difficulty breastfeeding her baby after the maternity leave expires, her employer can give her breastfeeding leave of 1 year upon her own application.
After the woman's maternity leave expires, the employer shall arrange breastfeeding time of not less than 1 hour within working days, which is called breastfeeding time and regarded as working time.
Labor law
Article 29 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law in any of the following circumstances:
(a) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;
(2) Being sick or injured within the prescribed medical treatment period;
(three) female workers during pregnancy, childbirth and lactation;
(4) Other circumstances stipulated by laws and administrative regulations.
Article 63 Female employees shall not be arranged to engage in the third-grade physical labor intensity stipulated by the state or other jobs that are forbidden during lactation, and shall not be arranged to extend their working hours and work at night.
Second, the calculation of lactation salary
1. The salary for breast-feeding leave for 3 months and 6 months shall be paid according to my basic salary plus 80% of post allowance and provincial subsidy, without affecting promotion, salary adjustment and calculation of length of service.
2. If you take breastfeeding leave for one year (including statutory maternity leave), the salary will be paid as usual, and the post (post) allowance and provincial subsidies will be stopped. Does not affect promotion, salary adjustment and calculation of length of service. The incentive fee for the parents of the only child will not be issued.
3. Female employees with twins or more can take a year off after delivery, and their wages other than maternity leave will be paid at 80% of their basic salary.
4. Breastfeeding time: For female employees who are raising babies under the age of one year, they should be given breastfeeding time twice in each shift (including artificial feeding), and each breastfeeding time is 30 minutes for a single child. You can also combine the two breastfeeding times. Breastfeeding time of twins and above will be multiplied according to the single-child breastfeeding time. Breastfeeding time and round-trip time on the way should be deducted from labor quota, and wages should be paid as usual.
5. After the baby reaches the age of one year, it is diagnosed as a weak child, and the lactation period may be appropriately extended, but the maximum is no more than six months.
6. Female employees diagnosed with menopausal syndrome with severe symptoms can be given public holidays 1-2 days per month.
7. Female teachers' maternity leave is during the winter and summer vacations, and their vacation time in winter and summer vacations can be extended.
8. Female employees who implement the labor contract system cannot terminate their labor contracts on the grounds of pregnancy, childbirth and breastfeeding before the contract expires.
Breastfeeding leave is a welfare for women stipulated by the state. Generally speaking, there will be 1 year breastfeeding leave. At the same time, if necessary, you can apply for breastfeeding time of not less than one hour after going to work. These are all a guarantee for women.