Social security is less than one year. Is maternity leave paid?

Legal analysis: Yes. Maternity leave wages are paid according to the average monthly salary of employees in the previous year. The wages of female employees during maternity leave are paid as usual. If maternity insurance is paid, the benefits enjoyed by female employees during maternity leave are paid by the social security fund. If the unit fails to pay maternity insurance, then the maternity leave salary is paid by the employer; 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. Maternity allowance = (the average monthly salary of employees in the previous year) ÷30× the number of days off. If the maternity allowance is higher than my original salary standard, the employer shall not deduct it; If the maternity allowance is lower than my original salary standard, the difference shall be made up by the employer. Maternity allowance is not subject to personal income tax.

Legal basis: Special provisions on labor protection for female employees.

Article 5 An employing unit shall not reduce the salary, dismiss or terminate the labor or employment contract of a female employee because of her pregnancy, childbirth and breastfeeding.

Article 7 Female employees shall enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child. Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.

Article 8 The 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 of the employing unit 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.