Provisions on payment of maternity leave wages in private enterprises

The salary during pregnancy is paid according to the normal salary, and the salary payment standard during pregnancy is the same as usual. During maternity leave, the salary paid by the company and the maternity allowance paid by the Social Security Bureau cannot be enjoyed at the same time.

Calculation method of maternity allowance

Maternity allowance is calculated by dividing the monthly salary by 30 days multiplied by the number of maternity leave days.

The unit has paid social security.

Units have to pay social security, and enterprises do not need to pay employees during maternity leave. The company applies for maternity allowance for female employees at the maternity insurance fund with the maternity certificate, and the maternity allowance is regarded as the salary of female employees during maternity leave.

Maternity allowance is lower than normal salary.

If the base of maternity insurance premium paid by enterprises for employees is lower than the average wage income of female employees in the previous year, the maternity allowance received by female employees will be lower than their wages during normal attendance, and enterprises need to make up the difference.

The unit didn't pay social security

If the unit fails to pay social security, the company will pay wages according to normal attendance during maternity leave.

Extension of labor contract

During the pregnancy of a female employee, the employer may not unilaterally terminate the labor contract with the female employee. Even if the labor contract expires and the labor contract is postponed to one year after delivery, the labor contract can be terminated with the female employee, except that the female employee proposes to terminate the labor contract.