There are national laws on maternity leave, and there are certain standards for maternity leave. According to the regulations on special labor protection for female employees (Draft for comments), maternity leave will be increased from 90 days to 14 weeks. Now the national two child policy is open, so how many days does the state stipulate for two child maternity leave?
As for the days of maternity leave and maternity leave treatment, the regulations on special labor protection for female employees (Draft for comments) has the following changes:
1. Increase maternity leave from 90 days to 14 weeks.
2. If the female employee has miscarriage less than 4 months after pregnancy, the maternity leave shall not be less than 2 weeks; if the female employee has miscarriage more than 4 months after pregnancy, the maternity leave shall not be less than 6 weeks.
3. If a female employee has given birth or miscarriage, her salary or maternity allowance, as well as the medical expenses for giving birth or miscarriage, if her unit has participated in the maternity insurance, shall be paid by the maternity insurance fund; if she has not participated in the maternity insurance, it shall be paid by the employing unit.
On November 21, 2011, the Legislative Affairs Office of the State Council announced the regulations on special labor protection for female employees (Draft for comments), and solicited opinions from all sectors of society. There are mainly the following provisions: referring to the provisions of the ILO convention, the maternity leave will be increased from 90 days to 14 weeks (Article 7, paragraph 1).
Maternity leave is regulated by national laws, of course, there will be certain legal standards. The number of days of maternity leave is also affected by many factors, so the number of days of maternity leave is also different. So how does the country stipulate the days of maternity leave?
Article 29 of the labor law of the people's Republic of China: during pregnancy, childbirth and lactation, the employer shall not terminate the labor contract.
Article 4 of the provisions on the labor protection of female employees: it is not allowed to reduce the basic wage or terminate the labor contract during the pregnancy, childbirth and lactation of female employees.
Article 27 of the law of the people's Republic of China on the protection of women's rights and interests: No unit may reduce the wages of female employees, dismiss female employees, unilaterally terminate labor (employment) contracts or service agreements due to marriage, pregnancy, maternity leave, breastfeeding and other circumstances. However, the female employees' request for termination of the labor (employment) contract or service agreement shall be excluded.
Article 61 of the labor law of the people's Republic of China: it is not allowed to arrange female employees to engage in the labor with the third level of physical labor intensity stipulated by the state during pregnancy and the labor forbidden to engage in during pregnancy (see the provisions of Articles 5, 6 and 7 in the provisions on the scope of labor forbidden to female employees). Female employees who have been pregnant for more than seven months shall not be arranged to extend their working hours or work at night.
Lactation:
Article 63 of the labor law of the people's Republic of China: female employees shall not be arranged to engage in the labor of the third level of physical labor intensity stipulated by the state and other labor prohibited during the lactation period during the period of breast-feeding of infants under one year old, and shall not be arranged to extend working hours and work at night.
Days of maternity leave:
Article 1 of the Circular of the Ministry of labor on Several Issues concerning the maternity treatment of female employees. When a female employee has a miscarriage less than 4 months after her pregnancy, she shall, according to the opinion of the medical department, be granted 15 to 30 days of maternity leave; when she has a miscarriage more than 4 months after her pregnancy, she shall be given 42 days of maternity leave. During the maternity leave, the salary will be paid accordingly.
The maternity leave of female employees with abortion less than 12 weeks (inclusive) is 15 days; the maternity leave of abortion more than 12 weeks and less than 16 weeks (inclusive) is 30 days; the maternity leave of abortion more than 16 weeks and less than 28 weeks (inclusive) is 42 days. Those who terminate their pregnancy after 28 weeks of pregnancy shall enjoy 90 days of normal maternity leave, including 15 days of prenatal leave.
Pregnancy: prenatal examination time is also counted as labor time
Article 7 of the regulations on labor protection of female employees: pregnant female employees who undergo prenatal examination during working hours shall be counted as working hours.
Delivery period: 90 days (15 days before delivery) + 15 days of dystocia + 15 days of multiple births (15 days for each extra birth),
One of the couples who marry late and have children late may apply for an additional 30 days of maternity leave.
Article 62 of the labor law of the people's Republic of China: female employees shall enjoy not less than 90 days of maternity leave for childbearing.
Article 8 of the regulations on labor protection of female employees: female employees have 90 days of maternity leave, including 15 days of prenatal leave. In case of dystocia, the maternity leave will be increased by 15 days. For multiple births, the maternity leave will be increased by 15 days for each additional baby.
Article 14 of the provisions of Beijing Municipality on maternity insurance for enterprise employees: the maternity leave for normal childbearing of female employees is 90 days; the increase of dystocia is 15 days, the increase of multiple births is 15 days, and the increase of late childbearing is 30 days.