Will the company pay social security on maternity leave?

One, the company's policies and regulations

Different companies may have different regulations on social security payments during maternity leave. Some companies will continue to pay social security for their employees during maternity leave to protect their rights and benefits. However, some companies may suspend or adjust social security contributions, and you need to refer to the company's internal policies and regulations for details.

Two, regional laws and regulations

Besides the company's policy, regional laws and regulations will also have an impact on social security payment during maternity leave. In China, the social insurance law stipulates the obligation that enterprises and employees should pay social insurance during the labor relationship. Therefore, in general, as long as the labor relationship between the employee and the company still exists, the company is obliged to pay social security for the employee.

However, the specific implementation may vary according to regional differences. Some localities may issue specific regulations to clarify the payment of social security during maternity leave. Therefore, employees need to pay attention to the relevant laws and regulations of their location while understanding the company's policy.

Three, employee rights and benefits

Whether or not the company continues to pay social security for the employee, the employee still enjoys the corresponding rights and benefits during maternity leave. For example, according to the Labor Law of the People's Republic of China and the Special Provisions on Labor Protection for Female Employees and Workers, female employees are entitled to basic salary, maternity allowance and other benefits during maternity leave. In addition, if a company fails to pay social security for its employees in accordance with the regulations, the employees can complain to the relevant departments and safeguard their legitimate rights and interests.

In summary:

Whether or not the company will continue to pay social security for the employee during maternity leave depends on the company's specific regulations and the relevant laws and regulations of the location. Employees need to be aware of the company's policies as well as the laws and regulations of their location in order to protect their rights and benefits.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 10 stipulates:

Employees shall take part in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance, and maternity insurance, and shall pay basic old-age insurance premiums, basic medical insurance premiums, and unemployment insurance premiums by the employing unit and the employees*** together.

The Labor Law of the People's Republic of China

Article 73 stipulates:

Laborers are entitled to social insurance benefits in accordance with the law in the following circumstances: (1) retirement; (2) illness or injury; (3) work-related disability or occupational disease; (4) unemployment; and (5) childbirth. When a worker dies, his or her survivors are entitled to survivor's benefits in accordance with the law. The conditions and standards under which workers are entitled to social insurance benefits are set forth in laws and regulations. Social insurance benefits enjoyed by workers must be paid in full and on time.

Special Provisions on the Labor Protection of Female Workers and Employees

Article 8 stipulates:

Maternity allowances during a female worker's maternity leave shall be paid by the Maternity Insurance Fund in accordance with the standard of the employing organization's average monthly wage of its employees in the previous year for those who have participated in the maternity insurance scheme; and in accordance with the standard of the wage of a female worker prior to the maternity leave for those who have not participated in the maternity insurance scheme, and shall be paid by the employing organization. The medical expenses of a female worker who gives birth to a child or has a miscarriage shall be paid by the Maternity Insurance Fund for those who have participated in maternity insurance and by the employer for those who have not participated in maternity insurance, in accordance with the items and standards stipulated in the Maternity Insurance.