Abstract:In practice,many workers,even employers,have doubts about issues such as maternity leave,wages during maternity leave,and labor and personnel relations among female employees during pregnancy and lactation.How to prevent maternity leave?What's the salary?Do you know all this?

Female workers belong to the group specially protected by the labor law,and the protection of the rights and interests of female workers during pregnancy and lactation is a key point.In practice,many workers,even employers,have doubts about issues such as maternity leave,wages during maternity leave,and labor and personnel relations among female workers during pregnancy and lactation.The author summarizes these issues in Guangdong Province for your reference:

1、Regulations on Maternity Leave in Guangdong Province

1.National regulations:

1)According to national regulations,female employees are entitled to 98 days of maternity leave during childbirth,including 15 days of prenatal leave;In case of difficult labor,30 days of maternity leave shall be added;For multiple births,15 days of maternity leave will be added for each additional baby born;

2)Female employees who terminate their pregnancy after less than 4 months of pregnancy are entitled to 15 to 30 days of maternity leave according to the opinions of medical institutions;Those who terminate their pregnancy after 4 to 7 months of pregnancy are entitled to 42 days of maternity leave;Those who terminate their pregnancy after 7 months of pregnancy enjoy 75 days of maternity leave.

2.Special regulations of Guangdong Province:

1)In addition to the maternity leave stipulated by the state,in Guangdong Province,for couples who have children in accordance with laws and regulations,the woman enjoys 80 days of incentive leave,while the man enjoys 15 days of paternity leave.Wages are paid within the prescribed leave period,without affecting welfare benefits and full attendance evaluation.

What"laws and regulations"do you meet to enjoy incentive leave and paternity leave?The author believes that it specifically refers to the need for couples to comply with the"Population and Family Planning Law of the People's Republic of China"and the"Guangdong Province Population and Family Planning Regulations.".

2)"If a female employee has completed her maternity leave and has actual difficulties,she may,upon application by herself and approval by the employer,take breastfeeding leave until the baby reaches one year of age.".The wages and benefits during breastfeeding holidays shall be determined by both parties through negotiation.

3.Conclusion

Generally speaking,the duration of maternity leave in Guangdong Province is 98+80 days,and in special circumstances,the length of maternity leave can be increased or reduced according to legal provisions.

4.Relevant legal provisions:

Article 62 of the Labor Law of the People's Republic of China,Article 7 of the Special Provisions on the Labor Protection of Female Employees,Article 11 of the Measures of Guangdong Province for the Implementation of the Special Provisions on the Labor Protection of Female Employees,and Article 30 of the Regulations of Guangdong Province on Population and Family Planning.

2、About"Maternity Inspection Leave"

Many people will refer to the word"maternity inspection leave".In fact,the term is not explicitly mentioned in the current law,but prenatal examination is the legitimate rights and interests of pregnant female employees.The legal provisions are as follows:

1.Pregnant female employees undergo prenatal examinations during working hours,and the time required is included in working hours.That is to say,if a female employee carries out prenatal inspection according to regulations during working hours,the time required is deemed to be her normal work,and the employer should pay wages during normal working hours;The number and timing of prenatal examinations are not specifically prescribed by law.In practice,normal prenatal examinations conducted by employees based on medical advice are protected by law.

2.Legal provisions:Article 6 of the Special Provisions on the Labor Protection of Female Employees.

3、Maternity allowance and medical expenses

1.The maternity allowance and medical expenses for childbirth or abortion of female employees during maternity leave shall be paid by the maternity insurance fund;The employer shall pay for those who do not participate in maternity insurance.

2.Legal provisions:Article 8 of the Special Provisions on the Labor Protection of Female Employees.

4、Payroll during maternity leave

This is a key issue that many people are concerned about.Should I be paid during maternity leave?How much?What is the relationship between maternity leave wages and maternity benefits?The following regulations apply to the payment of wages during maternity leave in Guangdong Province:

1.During the maternity leave period,wages shall be stopped,and the employer shall issue maternity allowances to employees.The maternity allowances shall be paid monthly by the employer in accordance with the original wage standards of employees,and then be allocated to the employer by the social insurance agency in accordance with regulations.The original salary standard refers to the average monthly salary for the 12 months before the employee enjoys maternity leave or family planning surgery leave according to law.If the employee has been working for less than 12 months before legally enjoying the holiday,the calculation shall be based on the number of months he/she actually participated in the work.

2.Maternity allowances are treated as wages.If the maternity allowance is higher than the original salary standard of the employee,the employer shall pay the balance of the maternity allowance to the employee;If the maternity allowance is lower than the original salary standard of the employee,the employer shall make up the difference;

3.During the period of maternity or nursing leave increased due to rewards,the employer shall pay wages in accordance with regulations,and employees shall not enjoy maternity benefits;

4.The maternity allowance enjoyed by employees according to law is exempt from individual income tax according to regulations;

5.The calculation method of maternity allowance in Guangdong Province:dividing the average monthly salary of employees in the previous year by 30 and multiplying by the prescribed number of vacation days;

The average monthly salary of the employees of the employer in the previous year shall be determined by dividing the total monthly salary of the insured employees of the employer in the previous natural year approved by the social insurance agency by the total number of insured employees in each month.If the employing unit does not have the average monthly salary of its employees in the previous year,the maternity allowance shall be calculated based on the average monthly salary of its employees in the current year.

6.Legal provisions:Regulations on Maternity Insurance for Employees in Guangdong Province

5、Labor time and labor intensity

1."If a female employee is unable to adapt to her original work during pregnancy,the employer shall,on the basis of a certificate from a medical institution,reduce the amount of labor or arrange other suitable work.".

2.Female employees shall not be arranged to engage in labor with the third level physical labor intensity specified by the state during pregnancy or labor that is prohibited during pregnancy.For female employees who are pregnant for more than 7 months,an hour's break is arranged every day.The employer may not extend the working hours or arrange night shift work.

3.Female employees shall not be arranged to engage in labor with Grade III physical labor intensity as stipulated by the state and other labor prohibited during breastfeeding,nor shall they be arranged to extend working hours or work night shifts during the period of breastfeeding a baby under the age of one year.

4.The employer shall arrange one hour of breastfeeding time for female employees during breastfeeding period during their daily working hours;If a female employee has multiple births,one hour of breastfeeding time will be added per day for each additional baby that she breast-feeds.The breastfeeding time and the time spent in the unit on the way to and from breastfeeding will be deemed to be her normal labor and paid for her normal working hours.

5.Legal provisions:Articles 61 and 62 of the Labor Law of the People's Republic of China,Articles 6 and 9 of the Special Provisions on the Labor Protection of Female Employees,and Articles 17 and 10 of the Measures of Guangdong Province for the Implementation of the Special Provisions on the Labor Protection of Female Employees.

6、Can female employees during pregnancy and lactation"do what they want"?

The"Labor Contract Law"and the"Special Provisions on the Labor Protection of Female Employees"both stipulate that employers may not reduce their wages,dismiss them,or terminate their labor or employment contracts due to pregnancy,childbirth,or breastfeeding of female employees.Is it true that female employees cannot be dismissed 100%during these periods?

The answer is no,Article 39 of the Labor Contract Law stipulates that employers can unilaterally terminate labor contracts,also known as negligent dismissal,which means that even if a female employee is pregnant,giving birth,or breastfeeding at work,as long as the following circumstances exist,the employer can also dismiss the female employee:

(1)During the probation period,it is proved that the employee does not meet the employment conditions;

(2)Seriously violating the rules and regulations of the employing unit;

(3)Serious dereliction of duty,malpractice for personal gain,causing significant damage to the employing unit;

(4)"A worker concurrently establishes a labor relationship with another employer,which has a serious impact on completing the work tasks of the employer,or refuses to make corrections upon request by the employer;";

(5)The labor contract is invalid due to the circumstances specified in Item 1,Paragraph 1,Article 26 of this Law;(6)Being investigated for criminal responsibility according to law.

Attachment:Scope of labor prohibited for female employees during pregnancy:

(1)Operations where the concentration of toxic substances such as lead and its compounds,mercury and its compounds,benzene,cadmium,beryllium,arsenic,cyanide,nitrogen oxides,carbon monoxide,carbon disulfide,chlorine,caprolactam,chloroprene,vinyl chloride,ethylene oxide,aniline,formaldehyde,etc.in the air of the workplace exceeds the national occupational health standards;

(2)Engaged in the production of anticancer drugs,diethylstilbestrol,and exposure to anesthetic gases;

(3)Operation of radioactive materials from unsealed sources,emergency response to nuclear and radiological accidents;

(4)Work at heights specified in the classification standards for work at heights;

(5)Cold water operations specified in the classification standards for cold water operations;

(6)Low-temperature operations specified in the classification standards for low-temperature operations;

(7)The third and fourth level operations specified in the classification standards for high-temperature operations;

(8)The third and fourth level operations specified in the classification standards for noise operations;

(9)Work with the third and fourth levels of physical labor intensity specified in the grading standards for physical labor intensity;

(10)Work in a confined space,high-pressure chamber,or diving operation,accompanied by strong vibration,or work requiring frequent bending,climbing,or squatting.

Scope of labor that female employees are prohibited from engaging in during breastfeeding:

(1)Items 1,3,and 9 of the labor scope that are taboo during pregnancy;

(2)Operations where the concentration of toxic substances such as manganese,fluorine,bromine,methanol,organophosphorus compounds,and organochlorine compounds in the air of the workplace exceeds the national occupational health standards.

(This article is translated by software translator for reference only.)