Does abortion have maternity leave? How is the salary of 2019 abortion leave calculated
4hw.com.cn: pregnancy is a very happy thing for many expectant mothers, but sometimes abortion may occur due to physical factors or external reasons. Is there maternity leave for abortion in China? How is the salary settled during abortion? Let's have a look.
Is there a holiday for abortion? Female workers have a holiday for abortion after pregnancy. When female workers have a abortion less than four months after pregnancy, they shall be given a maternity leave of 15 to 30 days according to the opinions of the medical department. 42 days of maternity leave shall be given in case of abortion after more than four months of pregnancy. During maternity leave, the salary is paid as usual. More details are as follows:
In case of pregnancy and abortion (including induced abortion) of female employees, their unit shall give maternity leave according to the following provisions according to the certificate of the medical department:
（1） Maternity leave for less than three months shall be 15 days;
（2） 30 days of maternity leave for more than three months (including three months) to four months;
（3） Maternity leave for more than four months (including four months) to seven months shall be 42 days;
（4） Those with more than seven months (including seven months) shall be treated as normal maternity leave.
According to the relevant provisions of the state, according to Article 8 of the special provisions on labor protection for female employees, 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 employer in the previous year; For those who do not participate in maternity insurance, the employer shall pay the wages of female employees before maternity leave.
The medical expenses for childbirth or abortion of female employees shall be paid by the maternity insurance fund for those who have participated in the maternity insurance according to the items and standards stipulated in the maternity insurance; For those who do not participate in maternity insurance, the employer shall pay.
How to calculate the salary of abortion leave?
If a female employee is pregnant and miscarries, her unit shall give a certain period of maternity leave according to the certificate of the medical department. All female employees who meet the above laws and regulations on maternity leave shall enjoy their own wages. At the same time, no unit shall dismiss female employees or unilaterally terminate the labor contract on the grounds of maternity leave.
Female employees enjoy wage treatment during maternity leave, which is different between enterprises and institutions. For female employees of enterprises, if the unit has provided maternity insurance, the wages during maternity leave shall be paid by the maternity insurance institution according to regulations. If an enterprise does not provide maternity insurance for female employees, the enterprise shall pay wages. Here is the basic salary. Other additional wages are subject to different regulations due to different business conditions of each enterprise. Whether to calculate and pay them or not shall be determined by the enterprise.