Miscarriage is miscarriage. If a female employee has a miscarriage before four months of pregnancy, she will enjoy 15 days of maternity leave; if she has a miscarriage of more than four months of pregnancy, she will enjoy 42 days of maternity leave. A normal childbirth is entitled to 98 days of maternity leave, of which 15 days can be taken before delivery; in the case of difficult labor, an additional 15 days of maternity leave should be added; in the case of multiple births, an additional 15 days of maternity leave can be added for each additional baby.
1. The application process for maternity leave is:
1. To apply for maternity leave, issue a certificate to the hospital, submit it to your superior, and wait for approval.
2. Apply for prenatal leave, maternity leave, and breastfeeding leave. It is necessary to issue a copy of the ID card, marriage certificate, and birth certificate together with a completed maternity leave application form and submit it to the superior.
3. There are several essential elements in the maternity leave application form, including the leader of the applicant unit, the reason for the application, the duration of the leave, the applicant's signature, the application time, and the attachments of relevant legal provisions stipulated by the state.
2. Maternity leave and lactation leave stipulated by the state:
1. Those who give birth to a single child naturally will be given 90 days of maternity leave, including 15 days of prenatal rest and 75 days of postpartum rest.
2. For those with difficult labor, the maternity leave will be increased by 15 days. For those with multiple births, the maternity leave will be increased by 15 days for each additional baby.
3. Those who have spontaneous abortion or ectopic pregnancy within three months of pregnancy will be given 30 days of maternity leave. Those who give birth in three months of pregnancy and more than seven months of pregnancy will be given 45 days of maternity leave.
Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 25 Couples who have children in compliance with laws and regulations can receive rewards for extended maternity leave or other benefits. .
"Special Regulations on Labor Protection of Female Employees" Article 7 Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days are allowed before childbirth; in the case of difficult labor, an additional 15 days of maternity leave shall be added; in the case of multiple births, each If you give birth to one more baby, your maternity leave will be increased by 15 days. If a female employee has a miscarriage before four months of pregnancy, she will enjoy 15 days of maternity leave; if she has a miscarriage of more than four months of pregnancy, she will enjoy 42 days of maternity leave.
"Social Insurance Law of the People's Republic of China"
Article 53 Employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with national regulations. If employees do not pay, Maternity insurance premiums.
Article 54: If the employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; the unemployed spouses of employees shall enjoy maternity medical expense benefits in accordance with national regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowances.
Article 55: Childbirth medical expenses include the following items:
(1) Medical expenses for childbirth;
(2) Medical expenses for family planning ;
(3) Other project expenses stipulated by laws and regulations.
Article 56 If an employee has any of the following circumstances, he or she may enjoy maternity allowances in accordance with national regulations:
(1) Female employees are entitled to maternity leave when they give birth;
(2) Enjoy leave for family planning surgery;
(3) Other circumstances stipulated by laws and regulations.
Maternity allowance is calculated and paid based on the average monthly salary of the employees in the employer of the employee in the previous year.