Social maternity insurance is a social security system which aims at women's reproductive behavior and characteristics, collects maternity funds by compulsory means, provides timely economic help for pregnant and lying-in women, guarantees the basic life and health of insured mothers and children, and guarantees the reproduction of social population and the rights and interests of women and children.

1In July, 988, the State Council issued the Provisions on Labor Protection for Female Employees, which is applicable to female employees of all state organs, organizations, enterprises and institutions in China. Military system units can refer to the implementation. Its main content is to make detailed provisions on the employment, working hours, maternity leave, treatment, pregnancy protection and other benefits of female employees.

1. As long as you have the fact of giving birth, you can enjoy maternity leave, which is not necessarily related to whether you have paid maternity insurance.

2. According to the Special Provisions on Labor Protection of Female Employees, female employees enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child.

3. Female employees who have miscarried less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.

4 employees who have not purchased maternity insurance do not enjoy maternity insurance benefits. Maternity insurance is paid by the unit, and employees do not need to bear the expenses, so the adverse consequences caused by the unit's failure to pay maternity insurance should be borne by the unit.

1. During maternity leave, the enterprise does not need to pay the employees, but the company will apply for maternity allowance for female employees at the maternity insurance fund with the maternity certificate, and the maternity allowance will be regarded as the salary of female employees during maternity leave.

2. However, if the maternity insurance premium paid by enterprises for employees is lower than the average wage income of female employees in the previous year, it will lead to the maternity allowance received by female employees being lower than their wages during normal attendance, and enterprises need to make up the difference.

3. If the employer fails to pay social security, it shall pay wages.

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