Maternity leave refers to the leave treatment of working women before and after childbirth, generally from half a month before childbirth to two and a half months after childbirth. Those who marry late and have children late can be as long as four months before and after childbirth, and female employees can enjoy no less than 98 days of maternity leave. No salary will be deducted from the maternity leave, and attendance will generally be deducted.
1, the law clearly stipulates that pregnant female employees who have prenatal examination during working hours shall be counted as working hours. That is to say, pregnant women workers who go for maternity check-ups should not be regarded as sick leave, and their wages should be paid accordingly;
2. Female employees have maternity allowance during maternity leave, which shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees in the previous year; 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. Female employees enjoy 98 days maternity leave, including prenatal leave 15 days.
Provisions on maternity leave: The maternity leave of female workers who meet the family planning regulations shall be determined according to the following circumstances:
1, normal delivery, 98 days of maternity leave, of which the rest days are counted as 98 days of maternity leave if appropriate days of rest are required before delivery;
2, early delivery or extended delivery, according to the calculation of 98 days, dystocia or twins, increase maternity leave for fifteen days;
3. According to the relevant regulations, pregnant female employees are required to undergo prenatal examination during working hours, and the required time is included in working hours; This article does not limit the number of birth check-ups, that is, as long as it is normal and necessary, it should be included in the labor time. It cannot be calculated according to sick leave, personal leave, maternity leave, absenteeism, etc.
The state stipulates that female workers are entitled to maternity leave after pregnancy. Within the prescribed scope, pregnant women go to the hospital for a maternity check-up, which is regarded as normal attendance. The specific provisions are as follows:
From 1-6 months of pregnancy, you can enjoy 1 day holiday every month for pregnancy confirmation and health training;
In the sixth to seventh month of pregnancy, you can enjoy 1 day holiday every month;
In the eighth month of pregnancy, you can enjoy 2 days of vacation every month;
If you are pregnant for more than 9 months, you can enjoy 4 days off every month, but 2 days of them have been included in the pre-maternity leave.
The main provisions of the labor protection during pregnancy
Legal basis:
Special Provisions on Labor Protection of Female Workers
Article 6
If a female worker can't adapt to the original labor during pregnancy, the employing unit 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.
Special Provisions on Labor Protection of Female Workers
Article 7
Female employees enjoy 98 days maternity leave, including prenatal leave 15 days; In case of dystocia, maternity leave should be increased 15 days; In case of multiple births, the maternity leave can be increased by 1 5 days for each additional child.
Female employees who have miscarried before the fourth month of pregnancy are entitled to 15 days maternity leave; Those who have miscarried after 4 months of pregnancy are entitled to 42 days of maternity leave.