Job Recruitment Website - Social security inquiry - Do you get paid during maternity leave with maternity insurance?

Do you get paid during maternity leave with maternity insurance?

Yes. In this case, the maternity allowance should be regarded as the female worker's maternity leave wages, but due to the method of calculating the maternity allowance is: the female worker's own maternity month's contribution base divided by the number of days of maternity leave, the amount of the allowance may be lower than the amount of the female worker's own wages. However, if the amount of maternity allowance is lower than the female worker's salary, the employer will make up the difference.

The conditions for receiving the maternity allowance are as follows:

1. In accordance with the national family planning policy, if the child is born out of wedlock, the child is not entitled to receive the allowance;

2. In accordance with the family planning policy, the child can receive the maternity allowance in case of miscarriage, ectopic pregnancy and so on, but if the child is unmarried and pregnant before giving birth to the child, he or she is not entitled to receive the allowance;

3. The child must pay for the maternity insurance for a certain period of time, and the regulations on this vary in different places. The rules for this vary from place to place, for example, Changsha needs to have paid maternity insurance for ten consecutive months before giving birth to a child in order to enjoy maternity insurance benefits, you can ask the local social security bureau for details;

4, during the period of giving birth to a child you have to be in a state of employment, and the maternity insurance premiums are still in the process of being paid.

Legal basis:

Special Provisions for the Protection of Female Workers and Employees

Article 5

The employer shall not reduce the salary of a female worker, dismiss her or terminate her labor or employment contract because she is pregnant, giving birth to a child or breastfeeding.

Article 8

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 employing unit's average monthly wage of the workers of the previous year for those who have participated in the maternity insurance; and for those who have not participated in the maternity insurance, it shall be paid by the employing unit in accordance with the standard of the female worker's wage before 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.