According to the provisions of Article 25 of the Population and Family Planning Law of the People's Republic of China, couples who have children in compliance with laws and regulations can receive extended maternity leave or other welfare benefits.
According to Article 7 of the Special Provisions on Labor Protection for Female Employees, female employees enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave can be increased by 1 5 days for each additional child. Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.
According to Article 53 of the Social Insurance Law of People's Republic of China (PRC), employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with state regulations, while employees shall not pay maternity insurance premiums.
Fifty-fourth employers have paid maternity insurance premiums, and their 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.
Fifty-fifth maternity medical expenses include the following:
(1) Maternity medical expenses;
(two) family planning medical expenses;
(3) Other project expenses stipulated by laws and regulations.
Fifty-sixth employees 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 ground
Article 53 of the full text of the Social Insurance Law of People's Republic of China (PRC), employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with state regulations, while employees shall not pay maternity insurance premiums.
Article 54 of the full text of the Social Insurance Law of People's Republic of China (PRC), if the employer has paid maternity insurance premiums, its employees shall 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.
Article 25 of the Population and Family Planning Law of the People's Republic of China * * * Couples who give birth to children according to laws and regulations can get extended maternity leave or other welfare benefits. The state supports the establishment of parental leave where conditions permit.