Is the abortion leave salary paid by the unit or social security?

Whether the salary for abortion leave is paid by the unit or by social security depends on the situation:

1. During the maternity leave of female employees, if the employer participates in maternity insurance, the social insurance institution will issue maternity allowance;

2, the employer did not participate in maternity insurance, the wages paid by the employer during the abortion.

Provisions on abortion maternity leave are as follows:

1. Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave;

2. If she miscarries after 4 months of pregnancy, she will enjoy 42 days of maternity leave.

Abortion leave salary algorithm is as follows:

1. The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the average monthly salary of employees in the previous year, and by the employer according to the salary standard of female employees before maternity leave.

2. The medical expenses for maternity or abortion of female employees shall be paid by the maternity insurance fund if they have participated in maternity insurance, and by the employer if they have not participated in maternity insurance;

3, in order to reduce and solve the special difficulties caused by the physiological characteristics of female workers in labor, to protect the health of female workers, these provisions are formulated.

4, People's Republic of China (PRC) state organs, enterprises, institutions, social organizations, individual economic organizations and other social organizations and other employers and their female employees, these Provisions shall apply;

5. The employing unit shall strengthen the labor protection of female employees, take measures to improve the labor safety and health conditions of female employees, and conduct labor safety and health knowledge training for female employees.

6. The employing unit shall abide by the provisions on the scope of labor prohibited for female employees. The employing unit shall inform the female employees in writing of the positions in the unit that belong to the scope of labor prohibited for female employees.

To sum up, abortion is considered as maternity leave, and if maternity insurance premium is not paid, the employer pays maternity leave salary. Maternity allowance for female employees during maternity leave, if they do not participate in maternity insurance, shall be paid by the employer according to the pre-maternity wage standard for female employees.

Legal basis:

Article 8 of the Special Provisions on Labor Protection of Female Workers

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 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.