Can I take maternity leave if my social security is less than one year?

Social security is less than one year, maternity leave is paid. If the employer has paid maternity insurance for less than twelve months, the employer shall pay maternity leave wages. The salary during maternity leave is based on the payment base of the month in which I gave birth, divided by 30 and multiplied by the number of maternity leave days.

legal ground

Article 5 of the Special Provisions on Labor Protection of Female Workers

The employing unit shall not reduce the wages, dismiss or terminate the labor or employment contract of female employees because of pregnancy, childbirth and breastfeeding.

Article 54 of the Social Insurance Law of People's Republic of China (PRC)

The employer has paid maternity insurance, and its 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.