Employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with state regulations, and employees shall not pay maternity insurance premiums.
The employer has paid maternity insurance, and its employees enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowance. The scope of labor prohibited for female employees is listed in the annex to these Provisions. The safety production supervision and management department of the State Council shall, jointly with the administrative department of human resources and social security of the State Council and the administrative department of health of the State Council, adjust the scope of labor that female workers are not allowed to engage in according to the economic and social development. The employing unit shall not reduce the wages, dismiss or terminate the labor or employment contract of female employees because of pregnancy, childbirth and breastfeeding. If a female employee can't adapt to the original labor during pregnancy, the employer shall reduce her labor or arrange other adaptive 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. Female employees enjoy 98 days of maternity leave, including prenatal leave 15 days; 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.
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 operation leave;
(3) Other circumstances stipulated by laws and regulations.
Maternity allowance is calculated and paid according to the average monthly salary of employees in the previous year of the employer.
Legal basis:
"Special Provisions on Labor Protection for Female Workers" Article 8 The maternity allowance for female workers during maternity leave 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 wage standard of female employees before maternity leave. Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.