1. Wage is labor remuneration. Female employees do not provide labor, do not enjoy wages and enjoy labor insurance benefits during maternity leave. According to Article 8 of the Special Provisions on Labor Protection of Female Workers in the State Council and the Measures of Chengdu Municipality on Maternity Insurance, during maternity leave, female workers stop paying wages and pay maternity allowance instead:

1. If you have participated in maternity insurance, the economic compensation paid by maternity insurance shall be paid according to the average monthly salary of employees in the previous year during the maternity leave stipulated by labor laws and regulations. If the maternity allowance is lower than the salary of female employees during their childbearing period, the unit to which they belong will make up the difference; Higher than my salary, the unit shall not withhold.

Family planning laws and regulations stipulate that during the extended maternity leave, the employer shall pay the salary according to the normal attendance salary standard before maternity leave.

2, did not participate in maternity insurance, paid by the unit according to the normal attendance salary before maternity leave.

Two, the State Council "Special Provisions on Labor Protection of Female Workers"

Article 8 The 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 of the employing unit 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.

Three, Chengdu Municipal People's Government "Chengdu maternity insurance measures"

Article 7 (Insurance Benefits for Female Employees)

Units and personnel participating in maternity insurance, after paying maternity insurance premium 12 months in full, will pay maternity insurance benefits to female workers who have given birth and performed family planning operations according to the following standards in accordance with the relevant provisions of the Regulations on Population and Family Planning in Sichuan Province.

(1) Maternity allowance: Divide the average total wages of employees in the previous year by 365 days, and calculate the maternity allowance according to different situations:

1. If the pregnancy is more than 7 months, the birth or abortion is multiplied by 98 days;

2 pregnant for more than 3 months but less than 7 months, multiplied by 42 days;

3. If the pregnancy is less than 3 months, multiply by 14 days;

4. Cesarean section increased by 15 days;

5. For each additional baby born in multiple births, 15 days will be added.

(2) Maternity medical expenses include examination fees, delivery fees, operation fees, hospital bed fees and medicine fees incurred by female employees due to pregnancy and childbirth. Maternity medical expenses shall be settled by quota.

The expenses allocated to the employer by social security institutions in accordance with the provisions of the preceding paragraph must be used by the employer for the wages and welfare benefits that female employees should enjoy during maternity and maternity leave. If the expenses allocated by the social security agency are insufficient to pay, the unit where the female employee works shall make up the difference; If there is a balance in the expenses allocated by social security institutions, the balance shall be included in the employee welfare expenses of the unit where the female employees work.

Maternity leave and wages during maternity leave that meet the requirements of the state, province and city for late childbirth or breastfeeding shall be implemented by the unit to which they belong according to relevant regulations.

Extended data:

I. Payment

China's maternity allowance payment methods and payment standards are divided into two situations:

First, in areas where social pooling of maternity insurance is implemented, the payment standard is paid according to the average monthly salary of employees in the previous year, and the period is not less than 98 days;

Second, in areas where maternity insurance does not implement social co-ordination, maternity allowance is paid by enterprises or units. The standard is the basic salary and price subsidy for female employees before childbirth, and the period is generally 98 days. In some areas, professional women who marry late and have children late are encouraged to extend the period of maternity allowance appropriately. Other regions give one-time subsidies to the spouses of male employees who participate in maternity insurance.

Second, enjoy the conditions.

1, women of childbearing age with household registration in this city (including rural household registration), regardless of whether they are employed or unemployed, shall participate in urban social insurance in this city and establish personal accounts according to regulations;

2. Employed women who are not registered in this Municipality have established labor relations with the employer and given birth while working in the unit and participating in the urban social insurance (five insurances) in this Municipality.

3, workers enjoy maternity insurance benefits, should comply with national, provincial and municipal family planning regulations, and the employer has paid for it for more than 6 months. Payment should be based on the time when the insurance premium is paid normally, and the overdue time before the insurance premium is paid normally cannot be counted.

Three. Allowance:

(Per capita payment salary of this unit in the current month /30 days * holiday days)

(1)20 12 The new labor law stipulates that the normal maternity leave is 98 days (including prenatal examination 15 days), which is 8 days more than the previous 90 days;

(2) Late maternity leave is increased by 30 days (there is no late maternity leave in the new labor law, and local birth control measures may increase this holiday);

(3) Difficult maternity leave. Cesarean section and third degree perineal rupture increase maternity leave 15 days; Suction delivery, forceps delivery and breech delivery increased 15 days;

(4) Multiple birth leave, every extra baby 15 days;

(5) Abortion leave: less than 2 months pregnant, 15 days; Less than 4 months and 30 days pregnant; 4 months or more (including 4 months) to 7 months is 42 days; In case of stillbirth, stillbirth or premature delivery for more than 7 months, the survival time is less than 75 days;

Fourth, maternity medical expenses.

(1) The medical expenses for confirming the birth status in the medical insurance center shall be settled by the Municipal Labor and Social Security Bureau and the hospital (the part exceeding 1 10,000 yuan shall be settled according to the approved number).

(2) Sudden abortion before pregnancy 16 weeks and obstetric complications during emergency and maternity leave in non-designated hospitals shall be reimbursed according to the approved amount.

(3) If the medical expenses for delivery in different places are lower than the quota standard, they shall be reimbursed according to the facts; Above the quota standard, according to the quota standard reimbursement.

Five, one-time delivery nutrition subsidies

(1) Abortion after normal delivery for more than 7 months: average monthly salary of employees in last year * 25%;

(2) Dystocia and multiple births: the average monthly salary of employees in the previous year was *50%.

Six, a one-time subsidy

In the first or second class hospital delivery, each one-time increase of 300 yuan subsidies.

Remarks: Maternity allowance should be paid within three months after delivery.

Baidu encyclopedia-maternity allowance