Can social security reimburse the cost of abortion operation?

Legal analysis: Abortion is a self-funded project, so medical insurance for abortion expenses cannot be reimbursed.

If a female worker is pregnant and aborts, her unit shall give her maternity leave for a certain period according to the certificate of the medical department. The specific time can be considered according to the regulations of various industries, or it can be decided by the unit itself. Female employees who have miscarried within 4 months of pregnancy shall be given maternity leave 15 to 30 days according to the opinions of the medical department; If you are pregnant for more than 4 months and have a miscarriage, you will be given 42 days maternity leave. Maternity leave for less than 12 weeks (inclusive) is 15 days, for abortion 12 weeks 16 weeks (inclusive) is 30 days, and for abortion 16 weeks/28 weeks (inclusive) is 42 days. If the pregnancy is terminated after more than 28 weeks of pregnancy, the normal maternity leave is 90 days, including prenatal leave 15 days. Female employees who have miscarried within 4 months of pregnancy shall be given maternity leave 15 to 30 days according to the hospital certificate; Those who are pregnant for more than 4 months but less than 7 months are given maternity leave for 42 days, and those who are pregnant for more than 7 months are treated as normal maternity leave. Female workers who have had more than two spontaneous abortions and now have no children should be transferred from their jobs that may directly or indirectly lead to abortion.

Legal basis: Article 25 of the Population and Family Planning Law of the People's Republic of China. Couples who have children in accordance with laws and regulations can get extended maternity leave or other welfare benefits.

Article 7 of the "Special Provisions on Labor Protection of Female Employees" allows female employees to 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 can be increased by 1 5 days for each additional child. Female employees who miscarry 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.

People's Republic of China (PRC) social insurance law

Fifty-third employees should participate in maternity insurance, the employer should pay maternity insurance premiums in accordance with state regulations, and employees do not pay maternity insurance premiums.

Fifty-fourth employers have paid maternity insurance premiums, and their employees enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowance.

Fifty-fifth maternity medical expenses include the following:

(1) Maternity medical expenses;

(two) family planning medical expenses;

(3) Other project expenses stipulated by laws and regulations.

Fifty-sixth employees in any of the following circumstances, can enjoy maternity allowance in accordance with state regulations:

(1) Female employees enjoy maternity leave;

(2) Enjoy family planning operation leave;

(3) Other circumstances stipulated by laws and regulations.

Maternity allowance is calculated and paid according to the average monthly salary of employees in the previous year of the employer.