How to take maternity leave for female teachers in 217?

It is stipulated that the party concerned can enjoy 98 days of maternity leave stipulated by the state. There will also be maternity leave rewards where the parties are located. The regulations vary from place to place, and the family planning policy of the place where one party is located shall prevail.

According to China's "Special Provisions on Labor Protection of Female Employees", Article 7 female employees can enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave will be increased by 15 days; In case of multiple births, the maternity leave will be increased by 15 days for each additional baby. Female employees who have miscarried under 4 months of pregnancy are entitled to 15 days of maternity leave; Those who have miscarried after 4 months of pregnancy are entitled to 42 days of maternity leave.

Article 8 The 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 for those who have participated in maternity insurance; Those who have not participated in maternity insurance shall be paid by the employer according to the standard of the salary of female employees before maternity leave.

The medical expenses for maternity or abortion of female employees shall be paid by the maternity insurance fund according to the items and standards stipulated in maternity insurance. Those who have not participated in maternity insurance shall be paid by the employer.

Extended information:

Recently, readers with the signature of "Women's Police Assistants of Hui 'an Public Security Bureau" wrote to 96339, reflecting that their maternity leave is only 98 days, while that of regular policemen is 158-18 days. Why have their maternity leave "shrunk"? The reporter interviewed relevant departments about the number of days of maternity leave for female employees.

the political office of Hui' an county public security bureau replied that female police officers, because they are not civil servants, can only stop production leave according to the relevant regulations of female employees at present. The basis of their maternity leave is Article 7 of the Special Provisions on Labor Protection for Female Employees (No.619 of the State Council Order in 212), that is, "Female employees can enjoy 98 days of maternity leave if they have childbirth, and 15 days can be increased if they have dystocia", and other units have implemented this standard.

However, the Quanzhou Municipal Health Planning Commission has a different view that the female workers in our province should stop production leave and implement the provisions of the Regulations on Population and Family Planning in Fujian Province.

The Regulations were formulated and passed by the Standing Committee of the Provincial People's Congress, which have legal effect and are implemented in all parts of the province. In the part about maternity leave in the Regulations, there is no requirement for the identity of female employees, that is, whether they are civil servants or not, whether they give birth to a child or a second child, maternity leave of 158-18 days is uniformly implemented.

The staff of the Labor Relations Department of Quanzhou Municipal Bureau of Human Resources and Social Security also said that compared with the Special Provisions on Labor Protection for Female Workers No.619 of the State Council Order in 212, the Regulations on Population and Family Planning in Fujian Province was updated later, so it should cover the previous provisions.

The maternity leave currently implemented in our city is subject to the Regulations of Fujian Province on Population and Family Planning. However, there is no special provision for the shutdown leave of civil servants, that is to say, there is no identity difference between female employees.

faced with the difference between the new regulations and the old ones, how should female employees and their subordinate units deal with it? Lawyer Zhang Chuanjiang of Fujian Jianda (Quanzhou) Law Firm suggested that if there is a conflict between the two laws and regulations, the latter one should prevail, and the formulation of the Regulations on Population and Family Planning in Fujian Province must also have the basis of the superior law.

It is suggested that the female employee should negotiate with the unit first. If negotiation fails, she can report it to the higher authorities. If it fails, she can go through legal procedures.

Baidu Encyclopedia-Special Provisions on Labor Protection for Female Employees

Baidu Encyclopedia-Regulations on Population and Family Planning in Guangdong Province

People's Daily Online-How many days is maternity leave for female employees? ? Unified implementation of 158 days-18 days.