1. Give birth to a second child, and leave 30 days less than the first one
According to the special provisions on labor protection for female employees issued by the State Council, female employees are entitled to 98 days of maternity leave for childbirth, including 15 days for prenatal leave; 15 days for dystocia; 15 days for multiple births, 15 days for each additional baby. So, can those who are in line with the policy of "giving birth to two children alone" also enjoy the late childbearing leave? The relevant person in charge of the family planning department said that the late childbearing leave can only be enjoyed once. There will be no more late childbearing leave for those who have two children by themselves or by themselves, i.e. the female party will have 98 days of maternity leave and no longer extend 30 days. Similarly, the man has no nursing leave.
2. If you have two children, you can still enjoy the birth allowance
No matter which birth number you are, as long as you meet the family planning policy and have a "birth permit", the expenses can be reimbursed, and the reimbursement standard is the same. According to the current birth insurance policy, female employees who meet the provisions of the family planning policy can be reimbursed for the cost of giving birth as long as the employer has participated in the birth insurance for them and paid the birth insurance premium in full for 10 months continuously and normally when giving birth or carrying out the family planning operation. Although the maternity allowance can also be enjoyed, because the maternity allowance is linked to the time of maternity leave, this means that the female workers' Union who have two children will have 30 days less allowance.
The 60 day late childbearing leave is a reward and the second child cannot enjoy it. So generally speaking, the number of days of maternity leave for the second child is less than that for the first child.
3. Treatment during the second child maternity leave
During the period of maternity leave, the maternity living allowance and maternity medical allowance shall be enjoyed according to law. The standard of monthly birth and living allowance is the payment base of urban endowment insurance in the month of production or abortion. If the payment base of the month is lower than the average monthly wage of the whole city's employees in the previous year, it shall be calculated and paid according to the average monthly wage of the whole city's employees in the previous year. If my salary standard is higher than the social insurance payment standard, the excess part shall still be supplemented by the employment form & lambda.
Full text of population and family planning law (latest version in 2017)
Chapter I General Provisions
Article 1 this law is formulated in accordance with the Constitution in order to achieve the coordinated development of population, economy, society, resources and environment, promote family planning, safeguard the legitimate rights and interests of citizens, and promote family happiness, national prosperity and social progress.
Article 2 China is a country with a large population, and the implementation of family planning is the basic national policy of the state.
The State shall take comprehensive measures to control the population and improve the quality of the population.
The state relies on publicity and education, scientific and technological progress, comprehensive services, the establishment and improvement of reward and social security systems to carry out population and family planning work.
Article 3 population and family planning work shall be carried out in combination with the increase of women's access to education and employment opportunities, the improvement of women's health and the advancement of women's status.
Article 4 people's governments at all levels and their staff members shall, in carrying out family planning work, strictly administer according to law and enforce the law in a civilized manner, and shall not infringe upon the legitimate rights and interests of citizens.
Family planning administrative departments and their staff members shall be protected by law in performing their official duties according to law.
Article 5 the State Council shall lead the work of population and family planning throughout the country.
Local people's governments at all levels shall lead the work of population and family planning in their respective administrative areas.
Article 6 the family planning administrative department of the State Council shall be responsible for the national family planning work and the population work related to family planning.
The family planning administrative departments of the local people's governments at or above the county level shall be responsible for family planning work and population work related to family planning within their respective administrative areas.
Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions and responsibilities, be responsible for the work of population and family planning.
Article 7 trade unions, Communist Youth League, women's Federation, family planning association and other social organizations, enterprises, institutions and citizens shall assist the people's Government in carrying out population and family planning work.
Article 8 the State shall reward organizations and individuals that have made outstanding achievements in population and family planning work.
Chapter II Formulation and implementation of population development plan
Article 9 the State Council shall formulate population development plans and incorporate them into the national economic and social development plans.
The local people's governments at or above the county level shall, in accordance with the national population development plan and the population development plan of the people's government at the next higher level, work out the population development plan for their respective administrative areas in light of the actual local conditions and incorporate it into the national economic and social development plan.
Article 10 people's governments at or above the county level shall, in accordance with population development plans, formulate and organize the implementation of population and family planning implementation plans.
The family planning administrative department of the people's government at or above the county level shall be responsible for the daily work of implementing the population and family planning implementation plan.
The people's governments of townships, nationality townships, towns and urban sub district offices shall be responsible for the population and family planning work within their jurisdiction, and implement the population and family planning implementation plan.
Article 11 the plan for the implementation of population and family planning shall stipulate measures to control the population, strengthen maternal and infant health care and improve the quality of the population.
Article 12 the villagers' committee and the residents' committee shall do a good job in family planning according to law.
Organs, troops, social organizations, enterprises and institutions shall do a good job in family planning in their own units.
Article 13 the departments of family planning, education, science and technology, culture, health, civil affairs, press and publication, radio and television, etc. shall organize the publicity and education of population and family planning.
The mass media has the obligation to carry out public welfare publicity of population and family planning.
Schools shall, among students, carry out physical health education, adolescent education or sexual health education in a planned way in an appropriate way consistent with the characteristics of the educated.
Article 14 the family planning work of the floating population shall be jointly managed by the people's Government of the place where their household registration is located and the people's Government of their current residence, with the current residence as the main place.
Article 15 the State shall, in light of the state of national economic and social development, gradually raise the overall level of investment in population and family planning. People's governments at all levels shall guarantee the necessary funds for population and family planning work.
People's governments at all levels shall give priority support to population and family planning work in poverty-stricken areas and ethnic minority areas.
The State encourages social organizations, enterprises, institutions and individuals to contribute to population and family planning work.
No unit or individual may intercept, deduct or misappropriate the expenses of population and family planning work.
Article 16 The State encourages scientific research and foreign exchange and cooperation in the field of population and family planning.
Chapter III birth control
Article 17 Citizens have the right to bear children and the obligation to carry out family planning according to law. Both husband and wife share the same responsibility in carrying out family planning.
Article 18 The State encourages one couple to have two children.
If the conditions prescribed by laws and regulations are met, it may be required to arrange for the reproduction of children. Specific measures shall be formulated by the people's Congress of a province, autonomous region or municipality directly under the central government or its Standing Committee.
Ethnic minorities should also practice family planning. Specific measures shall be formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the central government or their standing committees.
If the provisions on the reproduction of children are inconsistent between the provinces, autonomous regions and municipalities directly under the central government where the husband and wife have their household registration, they shall be applied in accordance with the principle of benefiting the parties.
Article 19 family planning shall be carried out, with contraception as the main method.
The state creates conditions to ensure that citizens know how to choose safe, effective and appropriate contraceptive measures. In carrying out contraceptive operations, the safety of the recipients shall be guaranteed.
Article 20 couples of childbearing age shall choose contraceptive measures of family planning on their own to prevent and reduce unwanted pregnancy.
Article 21 couples of childbearing age who practice family planning shall enjoy, free of charge, family planning technical services of basic items prescribed by the state.
The funds required in the preceding paragraph shall be included in the financial budget or guaranteed by social insurance in accordance with the relevant provisions of the state.
Article 22 it is prohibited to discriminate against and maltreat women who have given birth to female babies and infertile women.
Discrimination, maltreatment and abandonment of female infants are prohibited.
Chapter IV awards and social security
Article 23 The State shall, in accordance with regulations, give rewards to the couples who practice family planning.
Article 24 The State shall establish and improve social security systems such as basic endowment insurance, basic medical insurance, maternity insurance and social welfare to promote family planning.
The State encourages insurance companies to hold insurance projects conducive to family planning.
Where conditions permit, various forms of old-age security measures may be implemented in rural areas in accordance with the principles of government guidance and farmers' voluntariness.
Article 25 couples who have children in accordance with the provisions of laws and regulations may be rewarded with extended maternity leave or other welfare benefits.
Article 26 during the period of pregnancy, childbirth and lactation, women shall enjoy special labor protection in accordance with the relevant provisions of the state and may obtain help and compensation.
Citizens shall have family planning operations and enjoy holidays prescribed by the state; local people's governments may give them rewards.
Article 27 during the period when the State encourages a couple to have one child, a couple who voluntarily bear only one child for life shall be issued a "certificate of honor for parents with only one child" by the state.
Couples who have obtained the honor certificate of only child parents shall enjoy the rewards of only child parents in accordance with the relevant regulations of the state, provinces, autonomous regions and municipalities directly under the central government.
If the measures for rewarding couples who have obtained the honor certificate of only child parents stipulated by laws, regulations or rules are implemented by the unit to which they belong, the relevant unit shall implement them.
Couples who have obtained the honor certificate of parents of the only child, and whose only child is injured or dead by accident, shall be assisted in accordance with the provisions.
During the period when the State encourages a couple to have a child, those who should enjoy the reward and support for the elderly of family planning family according to the regulations shall continue to enjoy the relevant reward and support.
Article 28 the local people's governments at all levels shall give financial, technical and training support and preferential treatment to the families carrying out family planning in rural areas, and give priority to the poor families carrying out family planning in poverty alleviation loans, work for relief, poverty alleviation projects and social relief.
Article 29 the people's congresses and their standing committees or people's governments of provinces, autonomous regions, municipalities directly under the central government and larger cities may, in accordance with the provisions of this Law and other relevant laws and administrative regulations, formulate specific implementation measures in light of the actual local conditions.
Chapter V family planning technical services
Article 30 the State shall establish a system of pre marital health care and health care during pregnancy and childbirth to prevent or reduce birth defects and improve the health level of babies born.
Article 31 people's governments at all levels shall take measures to ensure that citizens enjoy family planning technical services and improve their reproductive health.
Article 32 Local People's governments at all levels shall rationally allocate and comprehensively utilize health resources, establish and improve the family planning technical service network composed of family planning technical service institutions and medical and health care institutions engaged in family planning technical services, improve the technical service facilities and conditions, and improve the technical service level.
Article 33 family planning technical service institutions and medical and health care institutions engaged in family planning technical services shall, within the scope of their respective duties, carry out publicity and education of population and basic knowledge of family planning for people of childbearing age, carry out pregnancy inspection and follow-up services for married women of childbearing age, and undertake consultation, guidance and technical services for family planning and reproductive health care.
Article 34 family planning technology