Maternity leave is not completed before going to work, how to calculate the maternity allowance

Maternity leave is not completed early to work should not only get the social security institutions issued by the maternity allowance, but also should get a normal salary issued by the enterprise. Because the maternity allowance is based on the employee paid maternity insurance premiums and the employee legally give birth to these two facts and should enjoy the maternity leave treatment, and employees enjoy maternity allowance does not need to provide normal labor; and wages are only based on the employee to provide normal labor after the enterprise should be paid remuneration. In addition, the main body of the maternity allowance is the maternity insurance agency, the main body of the payment of wages is the enterprise, so the two are not interchangeable.

Women workers who go to work before completing their maternity leave not only continue to enjoy the maternity allowance they should have received but also receive their normal wages, but they will not receive additional compensation for their wages.

At present, there is no uniform standard in judicial practice on whether a female employee who goes to work without maternity leave can claim both maternity allowance and wages. It is generally believed that the wages received during the work period is the labor remuneration for the labor provided, the labor remuneration and maternity allowance are of different nature, the former is based on the labor, the latter is based on the legal entitlements under the law of maternity insurance, the two are not in conflict, and does not constitute duplication of benefits.

Maternity allowance refers to the living expenses given to working women during the period when they are away from work due to childbirth, as stipulated by national laws and regulations. Some countries are also called maternity cash benefits. China's maternity allowance payment methods and payment standards are divided into two cases: First, in areas where the social coordination of maternity insurance is carried out, the payment standard is based on the standard of the enterprise's average monthly wage of the workers in the previous year, for a period of not less than 98 days;

In areas where the social coordination of maternity insurance is not carried out, the maternity allowance is paid by the enterprise or the unit, and the standard is the basic wage of the female worker before she gives birth and the price subsidy In some areas, working women who marry late and have children late are encouraged to extend the period of payment of the maternity allowance appropriately.

The maternity allowance during a female worker's maternity leave shall be paid by the Maternity Insurance Fund in accordance with the standard of the employer's average monthly wage of the employees in the previous year for those who have already participated in maternity insurance; for those who have not participated in maternity insurance, it shall be paid by the employer in accordance with the standard of the female worker's wage before the maternity leave; the medical expenses for a female worker's childbirth or abortion shall be paid in accordance with the items and standards set forth by the Maternity Insurance Fund for those who have already participated in the Maternity Insurance Fund. The medical expenses for the birth or miscarriage of a female worker shall, in accordance with the items and standards stipulated in the maternity insurance, be paid by the Maternity Insurance Fund for those who have joined the maternity insurance; for those who have not joined the maternity insurance, the employer shall pay.

In summary, if a woman returns to work without completing her maternity leave, she can continue to enjoy the payment of maternity allowance. The amount of maternity allowance is set by the local human resources and social security departments and is calculated according to local policies and standards. Usually, the payment cycle of the maternity allowance is based on the actual number of days of leave taken. If the mother returns to normal working conditions during her maternity leave, the payment of maternity allowance will be reduced accordingly.

Legal basis:

The 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 the state regulations, and the employee shall not pay maternity insurance premiums.

Article 54 Where an employer has paid maternity insurance premiums, its employees shall be entitled to maternity insurance benefits; the employee's unemployed spouse shall be entitled to maternity medical expenses in accordance with state regulations. The necessary funds shall be paid from the Maternity Insurance Fund.

Maternity insurance benefits include maternity medical expenses and maternity allowances.

Article 56 Employees shall be entitled to maternity allowances in accordance with the state regulations in any of the following cases:

(1) female workers enjoying maternity leave for giving birth;

(2) enjoying leave for family planning surgery;

(3) other cases stipulated by laws and regulations.

Maternity allowance is paid in accordance with the average monthly wage of employees at the employer where the employee works in the previous year.

Special Provisions on Labor Protection for Female Workers and Employees

Article 8 The maternity allowance during the maternity leave of a female worker shall be paid by the Maternity Insurance Fund in accordance with the standard of the average monthly wage of the employees of the employing unit in the previous year for those who have participated in the Maternity Insurance; for those who have not participated in the Maternity Insurance, the maternity allowance shall be paid by the employing unit in accordance with the standard of the wage of the female worker prior to the maternity leave.

The medical expenses of a female worker who gives birth to a child or suffers a miscarriage shall be paid by the Maternity Insurance Fund in accordance with the items and standards stipulated in the Maternity Insurance for those who have taken part in the Maternity Insurance; for those who have not taken part in the Maternity Insurance, they shall be paid by the employing unit.