Hello, I want to ask, my social security is paid by my sister's company every month, but I am not an employee. Now that I have just given birth to a baby, can I get maternity allowance?

If the unit pays maternity insurance for employees on time, employees can receive maternity allowance.

legal ground

1. Article 54 of the Social Insurance Law stipulates that if the employer has paid maternity insurance premiums, its employees will 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.

2. Article 8 of the Special Provisions on Labor Protection of Female Workers stipulates that the maternity allowance for female workers during maternity leave shall be paid by the maternity insurance fund according to 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.