We sometimes hear that in countries with low fertility rate, in order to encourage fertility, the state will provide a subsidy to mothers and babies to help a family raise the next generation. In fact, our country also has it, but many people don't know much about this allowance, and even don't collect it after giving birth, so they miss these two "huge sums" in vain.

Attention! There is a time limit for this subsidy application, so don't miss this time point >>

This money is maternity insurance in social security.

Social security includes five insurances: endowment insurance, medical insurance, maternity insurance, industrial injury insurance and unemployment insurance. Maternity insurance is the main insurance used when giving birth to children.

For all working women, maternity insurance in social security is an insurance or allowance specially set for childbirth. Because no one needs to pay a part when paying, some people will ignore it.

All pregnant women who have paid 12 months or have paid social security for 9 months continuously can receive it. About how long it will take, the conditions vary from place to place. Beijing has been paying for 9 months continuously, and Guangzhou has paid 1 year.

Apply for maternity allowance

Maternity allowance is applied by the unit, and individuals cannot apply. Generally speaking, within one year after delivery, the company will submit marriage certificate, baby birth certificate, medical diagnosis certificate, expense voucher and other related materials to the company, and then the company will apply to the local social security agency. The specific materials to be prepared should depend on local conditions.

What materials do you need to collect this money?

The list is as follows:

1. All invoices, lists and discharge summaries of Shanghai Railway Station during the delivery check-up and hospitalization are kept at the time of hospitalization, in case of emergency;

2. Maternity identity card;

3, maternal family planning certificate, that is, birth permit;

4. Reproductive medical certificate, that is, birth certificate;

5. Maternity bank card. If it is an agent, prepare the agent's ID card and the power of attorney signed by the mother.

Maternity allowance &; maternity pay

What are maternity wages and maternity allowance? One hair or separate hair? Female employees have received maternity allowance. Do you still need to pay her maternity leave salary?

First of all, to help you clarify this concept, maternity leave salary and maternity allowance are different.

Maternity allowance: the living expenses given to professional women during their absence due to childbirth as stipulated by national laws and regulations. The main body that bears the maternity allowance for employees is the social security institution.

Maternity leave salary: the salary paid by enterprises to employees during maternity leave. The main body that pays wages for employees is the employer.

Tip: maternity allowance maternity leave wages, enterprises do not have to pay maternity allowance for employees repeatedly.

Calculation formula of maternity allowance: maternity allowance = 30 days maternity leave days are calculated according to the monthly per capita contribution of the employer.

For example, the average salary of employees in jane doe last year was 5 100 yuan, and they had 128 days of maternity leave before and after giving birth. Then the standard of maternity allowance she enjoys is:

5100 30128 = 21760 (yuan)

Prerequisites for receiving maternity leave salary: If a female employee has already enjoyed maternity allowance, medical allowance and other benefits during maternity leave, if the maternity allowance is higher than the average salary of the employee, the enterprise does not need to pay maternity leave salary to her;

If it is lower than the average salary, the company needs to make up the difference. For those who exceed the maternity allowance payment period, fail to reach the standard of receiving maternity allowance, or the enterprise fails to pay maternity insurance to the employees, the employees may ask the enterprise to pay maternity leave wages.

Important note:

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 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.

Basis: Article 8 of the Special Provisions on Labor Protection for Female Workers.

For example, the monthly maternity allowance for female employees is 8,000 yuan, while the average salary of the employer in that month is 8,500 yuan. The difference in 500 yuan needs to be made up by the employer; The monthly maternity allowance for female employees is 8,000 yuan, while the average salary of the employer in that month is 7,500 yuan. 500 yuan exceeding the average salary cannot be deducted by the employer.

Specific time limit for applying for maternity allowance

If the maternity insurance payment has been paid for one year when an employee gives birth or carries out family planning operation, the employer shall apply within one year from the next month after giving birth or carrying out family planning operation.

If the payment of maternity insurance is less than one year when the employee gives birth or carries out family planning operation, the employer shall apply within one year after the payment is full 12 months.

For the employer to declare the maternity allowance for the insured after giving birth or carrying out family planning surgery for more than 1 year, and the time limit for declaration involves the epidemic period, it can be automatically postponed to 1 year after the end of the epidemic, and the specific operation shall be subject to the guidance of the front desk.

Application method (taking Guangdong as an example)

The unit manager can apply to the medical insurance agency through the Guangdong government service network.

Note: Article 36 of the Notice of the General Office of Guangzhou Municipal People's Government on Printing and Distributing the Measures for the Implementation of Maternity Insurance for Employees in Guangzhou shall apply. During the maternity leave of the insured, due to objective reasons such as the revocation, closure and revocation of the business license, the employer stops paying maternity insurance premiums and fails to pay maternity leave wages. Because it is a special case of applying for maternity allowance, it is necessary to provide other materials for verification. It is temporarily impossible to apply online and needs to be handled on the spot.

Conditions for receiving maternity allowance

Although the maternity allowance is good, it is not for the baby. The following conditions need to be met:

1, social security (employee social security only), maternity insurance;

2. Maternity insurance has been insured 1 year (mainly according to local standards);

3. Women.

If a family doesn't have maternity insurance, but Bao Da does, then under the condition of meeting the reimbursement of maternity insurance, although she can use her maternity insurance to reimburse part of her production expenses, she can't receive maternity allowance.

Nutrition allowance

At present, it is paid according to the employee's age and fertility according to the employee's payment wage standard.

Maternity medical expenses

Fees for examination, delivery, operation, hospitalization and medicine (specific items vary slightly from place to place);

Medical expenses caused by illness after childbirth;

After the expiration of maternity leave, if you need rest and treatment due to illness, it shall be handled in accordance with the relevant provisions of sick leave treatment and medical insurance treatment.

How to deal with the labor relations of employees on vacation?

According to the law, the remuneration of female employees in the third phase can never be adjusted for personal reasons (such as incompetence or initiative to adjust their posts) or for reasons of their work units (such as the cancellation of their departments).

1。 Article 29 of the Labor Law stipulates: "The employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if the employee is in any of the following circumstances: (3) The female employee is pregnant, giving birth or nursing;

2。 Article 42 of the Labor Contract Law stipulates: "The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee is in any of the following circumstances: (4) The female employee is pregnant, giving birth or breastfeeding;

3。 Article 5 of the Special Provisions on Labor Protection for Female Workers stipulates: "The employing unit shall not reduce the salary, dismiss, terminate the labor or employment contract of female workers because of pregnancy, childbirth and breastfeeding."

4。 Article 26 of the Law on the Protection of Women's Rights and Interests stipulates: "No unit may dismiss a female employee or unilaterally terminate the labor contract on the grounds of marriage, pregnancy, maternity leave or breastfeeding.

Of course, the salary can never be adjusted, which does not mean that the employer must pay all the salaries linked to the performance and performance of female employees in full. If the employer has a strict and perfect wage management system, the employer can pay wages and bonuses according to the work performance and attendance days of female employees in the current month.

In any of the following circumstances, the labor relationship between the two parties may be dissolved:

1。 It is proved that it does not meet the employment conditions during the probation period;

2。 Seriously violating the rules and regulations of the employing unit;

3。 Serious dereliction of duty, graft, causing great damage to the employer;

4。 The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

5。 The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of the Labor Contract Law;

6。 Being investigated for criminal responsibility according to law.

Under any of the above circumstances, the third phase of the labor contract for female employees can be terminated, and the employer does not pay compensation.

Regulatory extension:

The third stage is not a panacea. For female employees in the third stage, Article 42 of the Labor Contract Law strictly restricts the application of non-fault termination or economic layoffs by employers, but it does not restrict the application of fault termination by employers.

That is to say, if a pregnant female employee meets the relevant legal conditions of the Labor Contract Law [Article 36 (dissolution through consultation), Article 37 (dissolution by the employee in advance), Article 38 (unilateral dissolution by the employee), Article 39 (negligent dismissal) and Article 44 (dissolution of the labor contract) of the Labor Contract Law], the employer still has the right to dissolve it according to law.

How to take maternity leave related holidays?

Prenatal rest, prenatal leave, abortion leave, maternity leave, maternity leave, maternity leave, etc. In addition, male employees also have paternity leave ~ (slightly different in different regions)

1。 How many days is maternity leave? How to enjoy it?

A: According to the "Regulations", couples who have given birth in accordance with laws and regulations can enjoy 60 days of maternity leave in addition to the maternity leave prescribed by the state. Maternity leave and maternity leave enjoy the same treatment. Maternity leave should generally be combined with maternity leave for continuous use. In case of legal holidays, maternity leave will be postponed.

2。 How can couples who give birth during the period from May 3, 202654381(including May 3 1) to the promulgation and implementation of the newly revised regulations (2021165438+1October 25) enjoy maternity leave?

A: Couples who gave birth to children in accordance with laws and regulations during this period can enjoy maternity leave for another 30 days if the woman has already enjoyed maternity leave for 30 days according to the original regulations; If the woman has received maternity insurance benefits during the original 30-day maternity leave, she can receive maternity insurance benefits during the 30-day maternity leave. The medical insurance department will automatically reissue it according to the original bank account, and there is no need for individuals to apply repeatedly.

3。 How many days is parental leave? How to enjoy it?

A: According to the "Regulations": "Couples who have given birth in accordance with laws and regulations can enjoy five days of parental leave every year before their children reach the age of three. The salary during the parental leave is paid according to the salary due to my normal attendance. " In fact, the number of days of parental leave is calculated according to the number of children born. In principle, the annual parental leave should be used in the same year, which can be used continuously or dispersed.

4。 The regulations stipulate that "before the children reach the age of three, both parties can enjoy five days of parental leave every year", in which "every year" refers to the natural year? Or an anniversary?

A: It refers to the "Remembrance Day". For example, if the birth date of a child is 202 1 12 1, then 2022 is a memorial day, during which both parties can enjoy five days of parental leave. And so on.

5。 On the implementation date of the newly revised regulations (20211.25), can parents also enjoy five days' parental leave if their children are under three years old?

A: You can enjoy parental leave, which is calculated according to your child's actual age. For example, if the child's actual age is above 1 but under 2 years old, both parents can also enjoy 5 days of parental leave during the second anniversary. And so on.