The company pays social security can not pay maternity insurance

Legal analysis: no. Nowadays, social security are all bundled together, the so-called five insurance refers to: old age, medical, unemployment, work injury, maternity. When paying social security fees, they are bundled together.

Legal basis: The Law of the People's Republic of China on Population and Family Planning Article 25 Couples who give birth to a child in accordance with the provisions of laws and regulations may be granted incentives or other welfare benefits in the form of extended maternity leave.

Special Provisions on Labor Protection for Female Workers and Employees Article 7 Female workers shall be entitled to 98 days of maternity leave for childbirth, of which 15 days may be taken prior to the birth; in the case of a difficult birth, the maternity leave shall be increased by 15 days; in the case of multiple births, the maternity leave may be increased by 15 days for each additional child. If a female worker is pregnant for less than four months and miscarries, she shall be entitled to 15 days of maternity leave; if she is pregnant for four months and miscarries, she shall be entitled to 42 days of maternity leave.

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 un-employed 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 55 Maternity medical expenses include the following:

(1) medical expenses for giving birth;

(2) medical expenses for family planning;

(3) expenses for other items prescribed by laws and regulations.

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

(1) Female workers are entitled to maternity leave for giving birth;

(2) they are entitled to leave for family-planning surgery;

(3) other cases stipulated by laws and regulations.

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