1. First of all, the labor law does not stipulate whether maternity leave can be extended in winter and summer vacations, so it depends on how the school stipulates it.
2. The state has only the following provisions on the extension of maternity leave. 1. Maternity leave is generally 90 days, and policies vary from place to place, especially in ethnic minority areas. Late childbirth, dystocia and multiple births generally increase by 30 days. Then the current 90-day rest, including your working days and rest days, is usually a weekend, but when you are 30 years old, if you meet a national legal holiday within these 30 days, such as the third day of 1 1 month, then you will be replenished after 30 days of rest in these three days.
In addition, laws and regulations do not stipulate whether maternity leave will be postponed. If it is a civil servant, it is an exception. The relevant provisions on maternity leave and maternity allowance are as follows: Article 7 of the Special Provisions on Labor Protection for Female Workers enjoys 98 days of maternity leave, including 15 days for dystocia before delivery, 15 days for multiple births and 15 days for each additional baby. Female employees who have miscarried within 4 months of pregnancy are entitled to 15 days maternity leave, and those who have miscarried after 4 months of pregnancy are entitled to 42 days maternity leave.
Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the average monthly salary of employees in the previous year, and by the employing unit according to the salary standard of female employees before maternity leave. The medical expenses for maternity or abortion of female employees shall be paid by the maternity insurance fund if they have participated in maternity insurance, and shall be paid by the employer according to the items and standards stipulated in maternity insurance if they have not participated in maternity insurance. Maternity leave refers to the leave treatment of working women before and after delivery, generally from half a month before delivery to two and a half months after delivery. Those who marry late and have children late can last up to four months before and after delivery, and female employees can enjoy maternity leave of not less than 90 days. During maternity leave, the employer shall not reduce his salary, dissolve or terminate the labor contract in other forms.
1. Can the maternity leave of female teachers be postponed in winter and summer vacation?
Local policies are different, and school regulations are different.
2. How to calculate the maternity leave of female teachers in legal winter and summer vacations?
Maternity leave for female teachers should be extended in case of legal winter and summer vacations.
The reply of the State Education Commission on maternity leave for female teachers (1March 30, 1992 [1992] No.8) clearly pointed out that:
The letter number 0 1 (92) comes from Jiao Ren, Zhejiang. On whether the maternity leave of teachers can be extended during the winter vacation, according to the spirit of document No. Lao Anzi of the Ministry of Labor (1989) 1 and the opinions of relevant departments of the Ministry of Labor, after research, agree that maternity leave for female teachers can be extended during the winter vacation. Please implement it according to the actual situation of the school.
This reply.
At the same time, you can consult the local education administrative department again to see if their answers are consistent with what I said.
I hope my answer can help you.
3. Will the teacher's maternity leave be postponed in winter and summer vacations?
According to the regulations, this situation can be postponed.
Hello! Please consult the school for specific leave procedures. According to the regulations of the relevant departments, female employees enjoy maternity leave of not less than 98 days.
(a) primiparas who meet the conditions of family planning and late childbirth (over 24 years old) will be increased by 1 month;
(2) if cesarean section is performed according to the medical indications at the time of delivery, it will be increased by half a month;
(three) multiple births, each additional baby, an increase of half a month;
(four) during the maternity leave to receive the honor certificate of the only child parents, an increase of 1 month.
With regard to how to calculate the maternity leave time when the time of maternity leave coincides with the time of winter vacation, according to the Interpretation of Several Specific Issues Concerning the Implementation of the Regulations on Population and Family Planning in Anhui Province, the maternity leave of female teachers during the winter and summer vacations shall be implemented in accordance with the Reply of the State Education Commission on Issues Related to Maternity Leave for Female Teachers (E.J. [1992] No.8). "Zhejiang Minxin Zi (92) No.01letter. On the question of whether teachers' maternity leave can be extended in winter and summer vacations, according to the spirit of document No. Lao Anzi of the Ministry of Labor (1989) 1 and the opinions of relevant departments of the Ministry of Labor, after research, it is agreed that the maternity leave of female teachers can be extended during the winter and summer vacations. Please implement it according to the actual situation of the school. "
4. Can teachers' maternity leave be postponed in winter and summer vacations?
It can be postponed.
The Reply of the State Education Commission on Issues Related to Maternity Leave for Female Teachers (Jiao Ren [1992] No.8) stipulates that if the maternity leave of female teachers falls in the winter and summer vacations, their vacation time in the winter and summer vacations can be postponed.
(4) How to calculate the information of teachers' maternity leave extension and the coincidence of winter and summer vacations:
According to the Special Provisions on Labor Protection of Female Workers:
Article 7: Female employees are entitled to 98 days of maternity leave, including 15 days before delivery, and of course, postpartum rest can be combined according to personal circumstances. Increased maternity leave for dystocia 15 days; For multiple births, the maternity leave can be increased by 15 days for each additional baby; 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.
Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to 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.
5. Does the teacher count maternity leave in winter and summer vacations? How to calculate the teacher's going to work in winter and summer vacation?
It is ok to calculate the time of maternity leave by yourself, but the conflict between maternity leave and winter and summer vacations will not be compensated, and teachers will not go to work in winter and summer vacations.
6. Does the teacher count maternity leave in winter and summer vacations?
Maternity leave can be extended in winter and summer vacations.
According to the Reply of the State Education Commission on Issues Related to Maternity Leave for Female Teachers (Jiao Ren _ 1992_8), the maternity leave of female teachers can be postponed in case of winter and summer vacations, but it is up to the school to decide on its own according to the actual situation of its teachers.
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 will 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.
(6) How to calculate the extension information when the teacher's maternity leave coincides with the winter and summer vacations:
Relationship between maternity leave and other holidays other than winter and summer vacations;
1. You can't have both maternity leave and legal holidays.
Maternity leave is a fixed period to ensure the healthy recovery of pregnant women, which generally starts from 15 days before the expected date of delivery and ends on the 98th day. Calculated by natural days, including rest days and legal holidays.
2. Can't enjoy maternity leave and medical treatment.
Article 3 of the Provisions on Medical Treatment Period for Enterprise Employees Suffering from Illness or Non-work-related Injury stipulates: "If an enterprise employee suffers from illness or non-work-related injury and needs to stop working for medical treatment, he shall be given a medical treatment period of three to twenty-four months according to his actual working years in the unit:
(a) the actual working experience is less than ten years, and the working experience in this unit is less than five years, which is three months; More than five years is six months.
(two) the actual working experience of more than ten years, less than five years in this unit, for six months; More than five years but less than ten years and nine months; Twelve months of more than ten years and less than fifteen years; Fifteen years, twenty years and eighteen months; Twenty years or more is twenty-four months. "
However, if a female employee continues to give birth due to illness before giving birth, the sick leave will be terminated and the maternity leave will be counted; The overlapping part of maternity leave and medical treatment period can only be calculated once; If the illness lasts until the maternity leave expires, the sick leave shall be counted from the date of the maternity leave expiration.
7. Does the teacher's maternity leave include winter and summer vacations?
Not included. Female teachers can postpone maternity leave in winter and summer vacations.
The original reply of the State Education Commission on issues related to maternity leave for female teachers is: On the question of whether the maternity leave for teachers can be extended during the winter and summer vacations, according to the spirit of the document of the Ministry of Labor (1989) 1 and the opinions of relevant departments of the Ministry of Labor, it is agreed that the maternity leave for female teachers can be extended during the winter and summer vacations. Please implement it according to the actual situation of the school. This reply.
(7) How to calculate the extension information of teachers' maternity leave and the coincidence of winter and summer vacations:
The relationship between teachers' maternity leave and sick leave or legal holidays;
1. Maternity leave and medical treatment cannot be enjoyed * * *.
According to the regulation of medical treatment period for employees of enterprises who are sick or injured at work: "If employees of enterprises are sick or injured at work and need to stop working for medical treatment, they will be given a medical treatment period of three to twenty-four months according to their actual working years in the unit."
However, if a female employee continues to give birth due to illness before giving birth, the sick leave will be terminated and the maternity leave will be counted; The overlapping part of maternity leave and medical treatment period can only be calculated once; If the illness lasts until the maternity leave expires, the sick leave shall be counted from the date of the maternity leave expiration.
2. Maternity leave and statutory holidays cannot be enjoyed.
Maternity leave is a fixed time to ensure the healthy recovery of pregnant women. Generally, it can be taken from before the due date 15 to the 98th day. Cesarean section can be extended, including rest days and legal holidays.
8. Can teachers' maternity leave be extended in winter and summer vacations?
Teachers' maternity leave does not include winter and summer vacations. According to the detailed rules of labor insurance regulations, female employees take maternity leave, whether it is normal or abortion, including sundays and legal holidays, and will not be compensated. According to the official reply of the State Education Commission on maternity leave for female teachers, if the maternity leave for female teachers is during the winter vacation, the winter vacation time can be extended. Please implement it according to the actual situation of the school.
Therefore, in principle, winter and summer vacations are rest days arranged by the nature of school staff, not national statutory holidays, so there is no conflict with maternity leave. You can only rest on maternity leave. Can you make up for the overlapping holidays? It depends on the specific situation of each school.
9. How to calculate the maternity leave for teachers to give birth to children in summer vacation?
Maternity leave can be postponed in case of summer vacation.
The Reply of the State Education Commission on Issues Related to Maternity Leave for Female Teachers (Jiao Ren [1992] No.8) stipulates that if the maternity leave of female teachers falls in the winter and summer vacations, their vacation time in the winter and summer vacations can be postponed.
(9) How to calculate the extension information of teachers' maternity leave and the coincidence of winter and summer vacations:
According to the Special Provisions on Labor Protection of Female Workers:
Article 7: Female employees are entitled to 98 days of maternity leave, including 15 days before delivery, and of course, postpartum rest can be combined according to personal circumstances. Increased maternity leave for dystocia 15 days; For multiple births, the maternity leave can be increased by 15 days for each additional baby; 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.
Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to 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.
10. How to calculate the maternity leave for teachers to give birth to children in summer vacation?
Summer vacation time is included in maternity leave.
Relevant laws and regulations:
According to the detailed rules of labor insurance regulations, female employees take maternity leave, whether it is normal or abortion, including sundays and legal holidays, and will not be compensated.
Therefore, in principle, winter and summer vacations are rest days arranged by the nature of school staff, not national statutory holidays, so there is no conflict with maternity leave. You can only rest on maternity leave. Can you make up for the overlapping holidays? It depends on the specific situation of each school.