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Who will pay social security during maternity leave?
During maternity leave, the employer shall continue to pay social security for it. The individual part shall be borne by the female employee herself and paid by the unit. Female employees can receive maternity allowance during maternity leave, and the standard is usually determined according to the payment base of urban endowment insurance premium in the month when employees produce or abort, and calculated according to the income of employees in that month. Even during maternity leave, female employees need to pay their own social security contributions, and the unit is responsible for paying the social security fees of the unit. This arrangement ensures that female employees enjoy maternity leave while their social security rights and interests are not affected.
Payment rules of social security:
1, social security payment base: usually based on employees' wage income, and there are minimum and maximum payment base limits in different regions;
2. Social security contribution ratio: the government stipulates that different types of social security (such as endowment insurance and medical insurance) have different payment ratios;
3. Personal social security payment: employees are required to pay the social security fees that individuals should bear according to the prescribed proportion;
4. Social security unit payment: the unit pays a certain proportion of social security fees for employees according to the prescribed proportion;
5. Time of social security payment: pay social security fees within the specified time every month.
To sum up, during the maternity leave of female employees, the employer needs to continue to bear the responsibility of the social security unit, while the personal social security part is paid by the female employees themselves and handed over to the unit for unified payment to ensure that their social security rights and interests are guaranteed while enjoying maternity benefits. The standard of maternity allowance is usually related to the social security payment base of employees.
Legal basis:
Labor law of the people's Republic of China
Article 29
The employing unit shall not terminate the labor contract in accordance with the provisions of Article 26 and Article 27 of this Law if the laborer is under any of the following circumstances: (1) He suffers from occupational diseases or work-related injuries and is confirmed to have lost or partially lost his ability to work; (2) Being sick or injured within the prescribed medical treatment period; (3) Other circumstances of female employees during pregnancy, childbirth and lactation as stipulated by laws and administrative regulations.
Special provisions on labor protection for female employees
Article 8
Maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave. Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.
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