Legal regulations on maternity leave

Laws related to maternity leave

Article 62 of the Labor Law of the People’s Republic of China enjoy maternity leave at no less than 90 days.

When performing the national retirement system, each unit shall not discriminate against women on the grounds of gender.

Article 7 of "Special Regulations for Women’s Workers’ Labor Protection" and enjoy maternity leave for 98 days of maternity leave, of which 15 days can be taken during delivery; those who are difficult to give maternity leave 15 days; those who have multiple fertility for each child, increase maternity leave for each extra babies, increase maternity leave, increase maternity leave, increase maternity leave15 days.

If the female employee has a miscarriage of less than 4 months, he will enjoy 15 -day maternity leave; if you have a miscarriage for 4 months, you can enjoy 42 days of maternity leave.

When did maternity leave start?

Answers of the Ministry of Human Resources and Social Affairs Answers Netizens Consultation

Regarding the letter from when maternity leave starts to calculate the relevant issues

Liang*Da: Article 7 of the "Special Regulations for the Protection of Female Workers" stipulates: "Female employees enjoy 98 days of maternity leave, of which 15 days can be vacated before childbirth." In the above provisions, "How to 15 days before giving birth"understand?Can female employees take 30 days before giving birth?Can the unit formulate rules and regulations to require female employees to work until 10 days before giving birth?

Reply: Hello!We have received a letter from you. After research, the matters you ask are answered as follows:

According to the "Labor Law of the People’s Republic of China" and "Special Regulations for Labor Protection of Women’s Workers" (State Council Order No. 619), for female employees who are more than 7 months pregnant, employers shall not extend labor hours or arrange night shifts, and they should be in labor.Arrange a certain rest time within time.Pregnant female employees conduct prenatal inspections during labor time, and the time required is included in the labor time.Female employees enjoy maternity leave for 98 days, of which 15 days can be taken on vacation before giving birth.

Female employees can take 15 days before giving birth, which refers to a vacation of 15 days before the due date, including in 98 days of maternity leave.If there are other regulations, it shall be implemented in accordance with relevant local regulations.

Thank you for your attention and support for human resources and social security!

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