Is the maternity leave salary given by the Social Security Bureau or the company?

Paternity leave wages are paid by the company or the social security bureau, generally depending on the situation:

1. If the employer buys maternity insurance for its employees, the employer will apply to the relevant departments for the wages of the employees during paternity leave. During paternity leave, wages are generally paid according to the local average wage standard. If the wages of employees are higher than the average social wage standard at that time, the employer shall make up the difference;

2. If the employer fails to purchase maternity insurance for the employees, it shall pay the wages of the employees during the paternity leave according to the standard of the contract wages of the employees.

Maternity insurance benefits shall be applied by the employer to the social insurance agency within 18 months after delivery or operation. The social insurance agency shall review the information provided by the employer within 15 working days from the date of accepting the application. After the audit, the maternity insurance premium shall be allocated to the employer where the employee is located, and the employer shall issue it to the employee in accordance with the maternity insurance treatment items and standards stipulated in these Measures.

Legal basis: Article 53 of the Social Insurance Law of People's Republic of China (PRC).

Employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with state regulations, and employees shall not pay maternity insurance premiums.

Article 54

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.