According to China's "Special Provisions on Labor Protection for Female Workers"
Article 7 Female employees are entitled to 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; In case of multiple births, the maternity leave will 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.
Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees of the employing unit 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.
The medical expenses for maternity or abortion of female employees shall be paid by the maternity insurance fund in accordance with the items and standards stipulated in maternity insurance. Those who have not participated in maternity insurance shall be paid by the employer.
Extended data:
The reader who signed "Women's Police of Hui 'an County Public Security Bureau" recently wrote to 96339 to reflect that their maternity leave is only 98 days, while the maternity leave of the official police is158-180 days. Why has their maternity leave "shrunk"? The reporter interviewed relevant departments about the number of days of maternity leave for female employees.
The Political Work Office of the Public Security Bureau of Hui 'an County replied that, because female police officers are not civil servants, they can only stop production leave in accordance with the relevant regulations on female employees at present, and their maternity leave is based on Article 7 of the Special Provisions on Labor Protection for Female Employees, No.619 of the the State Council Order of 20 12, that is, "female employees enjoy 98 days of maternity leave, and can increase their maternity leave 15 days in case of dystocia".
However, the Quanzhou Municipal Health Planning Commission has a different view that female workers in our province should stop production leave and implement the provisions of the Regulations on Population and Family Planning in Fujian Province.
The "Regulations" was formulated and passed by the Standing Committee of the Provincial People's Congress, which has legal effect and is implemented in all parts of the province. The maternity leave part of the Regulations does not require the identity of female employees, that is, maternity leave of 158 days-180 days is uniformly implemented regardless of whether they are civil servants or not, and whether they give birth to a child or a second child.
The staff of the Labor Relations Department of Quanzhou Municipal Bureau of Human Resources and Social Security also said that compared with the Special Provisions on Labor Protection for Female Workers No.619 of the State Council Order in 20 12, the Regulations on Population and Family Planning in Fujian Province was updated later, so it should cover the previous provisions.
The maternity leave now implemented in our city is subject to the Regulations of Fujian Province on Population and Family Planning. However, there is no special provision for the shutdown leave of civil servants, that is to say, there is no identity difference between female employees.
In the face of the distinction between new regulations and old regulations, how should female employees and their subordinate units deal with it? Lawyer Zhang Chuanjiang of Fujian Jianda (Quanzhou) Law Firm suggested that if there is a conflict between the two laws and regulations, the latter one should prevail, and the formulation of the Regulations on Population and Family Planning in Fujian Province must also have the basis of the superior law.
It is suggested that the female employee negotiate with the unit first. If the negotiation fails, she can report it to the higher authorities. If it fails, she can go through legal procedures.
Baidu Encyclopedia-Special Provisions on Labor Protection of Female Workers
Baidu Encyclopedia-Regulations of Guangdong Province on Population and Family Planning
People's Daily Online-How many days does maternity leave for female employees last? ? Unified execution 158 days-180 days