Maternity leave over not work social security who bear

The employer cannot terminate the labor contract on the grounds of breastfeeding, i.e., can not dismiss the nursing female workers, then in accordance with the principle of social security payment, female workers and units did not terminate the labor relationship, the unit must pay the social security.

Therefore, if a female employee takes a leave of absence from work during the breastfeeding period, the employer will still have to bear part of the social security. But did not meet the leave requirements and leave without work, then the unit has the right to terminate the labor contract with the female workers on the grounds of serious disciplinary reasons, and terminate the payment of social security, so in the breastfeeding period of the female workers is best to go to work or the unit to negotiate leave. Maternity allowance refers to the state regulations for female workers due to childbirth and leave the workplace during the period to give living expenses, generally receive maternity allowance need to unit operator with the relevant materials (marriage certificate, maternity service certificate, baby's birth certificate, medical diagnostic certificates of the originals and photocopies of each, two copies of the "application for maternity allowance personnel information registration form") to the social security centers, to be accepted for approval, 30 working days to receive maternity allowance costs. After receiving and approving the application, you will have 30 working days to receive the maternity allowance. However, note that the maternity allowance must comply with the national family planning regulations, payment of maternity insurance for more than one year and continue to pay, in order to receive.

The process of applying for a social security card is as follows:

1. The applicant will bring along his/her ID card, residence permit, education certificate, labor contract and other documents and information to declare his/her participation;

2. After declaring his/her participation in the insurance, he/she will wait for the social security agency to notify him/her that the declaration is successful;

3. If the declaration is successful, he/she will then go to his/her local social security department to get a social security card.

In summary, female workers during maternity leave, the employer shall not terminate or terminate the labor relationship, so the two sides of the labor relationship is normal existence, then during this period, the employer must continue to pay social security in accordance with the provisions of the law for the employee.

Legal basis:

Article 8 of the Special Provisions for the Labor Protection of Female Workers and Employees

The maternity allowance during the maternity leave of female workers and employees shall be paid by the Maternity Insurance Fund in accordance with the standard of the average monthly salary of the employees of the employing organization in the previous year for those who have participated in the maternity insurance; for those who have not participated in the maternity insurance, the maternity allowance shall be paid by the employing organization in accordance with the standard of the salary of the female workers and employees prior to the maternity leave. 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 taken part in maternity insurance and by the employer for those who have not taken part in maternity insurance, in accordance with the items and standards stipulated in the Maternity Insurance.