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Maternity leave wages are paid by the unit or social security
Maternity allowances for female workers during maternity leave are paid by the social security authorities. For units that have participated in maternity insurance, the maternity allowance for female workers is paid by the Maternity Insurance Fund according to the standard of the average monthly salary of the employees of the employing unit in the previous year; for those who have not participated in maternity insurance, the allowance is paid by the employing unit according to the standard of the salary of the female worker before the maternity leave. In addition, the length of maternity leave for female workers is generally no less than 98 days, including prenatal and post-natal leave. During a female employee's pregnancy, the employer shall not terminate the labor contract at will, unless there are circumstances of negligent dismissal. If the employer unlawfully terminates the labor contract, the employer is required to pay compensation in accordance with twice the economic compensation standard.
The payment of wages during maternity leave depends on several factors:
Participation: If the female employee is insured for maternity, the wages during maternity leave will be paid by the Social Security Bureau, and the exact amount depends on the average monthly wage standard of all employees of the company in the previous year. If the maternity allowance is lower than the female worker's prenatal salary, the shortfall will be made up by the employer.
Uninsured situation: If the female employee is not insured for maternity insurance, the wages during the maternity leave shall be paid at the rate of the monthly paid wages before the maternity leave.
Minimum wage: according to the Labor Law? s provisions, the wages of female workers during maternity leave shall not be less than 80% of the minimum wage standard of the organization.
Combined calculation of maternity allowance and wages: If a female employee enjoys the maternity allowance stipulated by the state during her maternity leave, the enterprise can combine the maternity allowance with the wages paid by the enterprise to ensure that the employee's income is not lower than 80% of the minimum wage standard.
Summary of the above is the editor of the maternity leave salary is the unit or social security issued by the relevant answer, I hope it can help you.
Legal basis
Article 7 of the Special Provisions for the Labor Protection of Female Workers and Employees
Women workers who give birth to a child shall be entitled to 98 days of maternity leave, of which 15 days may be taken before the birth; in the case of a difficult birth, the maternity leave shall be increased by 15 days; in the case of the birth of a multiple birth, the maternity leave shall be increased by 15 days for each additional child. If a female worker has a miscarriage before the fourth month of pregnancy, she is entitled to 15 days of maternity leave; if she has a miscarriage after the fourth month of pregnancy, she is entitled to 42 days of maternity leave.
Article 11 of the Interim Provisions on the Payment of Wages
During the period when workers enjoy annual leave, family visit leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the workers' wages in accordance with the standards stipulated in the labor contract.
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