Hello everyone, thank you for the invitation. Today I would like to share with you the issues related to the Maternity Leave Regulations on Late Marriage and Late Childbirth in 2015, as well as some confusions about which chapter of the Maternity Leave Regulations in the New Civil Code, if you haven’t already If you don’t understand it too well, it doesn’t matter, because I will share it with you next. I hope it can help everyone and solve everyone’s problems. Let’s get started!
Contents of this article
- 158-day maternity leave provision
- New provisions of the Civil Code on maternity leave in 2023
- What chapter of the new Civil Code on maternity leave
- 15 days of paternity leave legal provisions
1. Regulation of 158 days of maternity leave
1. Maternity leave refers to the leave benefits for working women before and after childbirth, usually starting half a month before delivery By two and a half months after childbirth, it can last up to four months for those who marry late and have children later. Female employees can enjoy no less than ninety-eight days of maternity leave after childbirth.
2. According to relevant laws and regulations, 158 days of maternity leave generally includes: 98 days of statutory maternity leave, 30 days of late childbirth (policy), 15 days of difficult childbirth, and 15 days for each additional childbirth. One child adds 15 days (multiple births), adding up to a total of 158 days.
3. Maternity leave is a relatively flexible period, and there will be some differences in different places. Taking Henan Province as an example, if you have a child in compliance with laws and regulations, in addition to the national statutory maternity leave, three months of maternity leave will be added. Therefore, the maternity leave law in Henan Province is 190 days. If you meet other regulations, the maternity leave will be increased on this basis. Women are considered to be employed during maternity leave and are entitled to maternity benefits. In addition, our country\’s law also provides a certain amount of nursing leave for the maternal spouse (one month in Henan), and this period is also considered to be absent from work.
2. New provisions of the Civil Code on maternity leave in 2023
The leave entitlement for female employees before and after childbirth generally ranges from half a month before childbirth to two and a half months after childbirth. For those who marry late and have children late, it can last up to four months. Female employees enjoy no less than ninety days of maternity leave after childbirth. The right to leave that working women enjoy in accordance with the law is generally 98 days from prenatal to postpartum.
According to current legal provisions, all female workers in our country enjoy maternity leave benefits during the existence of the labor relationship.
1. Female employees give birth Enjoy 98 days of maternity leave, including 15 days before childbirth;
3. If you give birth to multiple babies, for each additional baby you give birth to, you will receive an additional 15 days of maternity leave;
4. If you have a miscarriage before 4 months of pregnancy, you will enjoy 15 days of maternity leave;
5 . If you have a miscarriage after 4 months of pregnancy, you will enjoy 42 days of maternity leave;
6. Maternity leave for late childbirth shall be stipulated by each province, autonomous region, and municipality in accordance with the provincial family planning regulations.
Maternity leave: 98 days + 30 days/15 days (late childbirth) + 15 days/30 days (dystocia) + 15 days (for each additional baby born in a multiple birth) )
Prenatal check-up: Female employees undergo prenatal check-up during pregnancy during the working hours agreed by the medical care institution (including the first check-up within 12 weeks of pregnancy) , should be counted as working time (some companies count the time when pregnant female employees undergo prenatal check-ups during working hours as sick leave, absence from work, etc., which infringes on the legitimate rights and interests of female employees)
Prenatal work break: If you are pregnant for more than seven months, you will have a one-hour break every day. No night shift work is allowed.
Breastfeeding time: Baby Breastfeeding time is given twice a day within one year of age, 30 minutes each time, and can also be combined.
Prenatal leave: Pregnant for more than 7 months, if work permits. Upon application by the individual and approval by the employer, prenatal leave can be taken for two and a half months. In some cases where leave is required by local regulations, the employer should approve the leave. For example, Shanghai stipulates that \”habitual miscarriage has been proven by a second-level or above medical care institution.\” If the employee has a history of pregnancy, severe pregnancy syndrome, pregnancy complications, etc. that may affect normal childbirth, the employer shall approve her prenatal leave if she applies for it. ”
Breastfeeding leave: If a female employee has difficulties after giving birth and has a work permit, she can apply for it and with approval from the unit, she can take a breastfeeding leave of six and a half months.
3. Chapter of Maternity Leave Provisions of the New Civil Code
1. 1. Specific provisions of the Civil Code on late marriage, late childbirth and maternity leave
2. Article 62 Female employees shall enjoy no less than 90 days of childbirth. Maternity leave.
3. \”Implementation Measures for the Maternal and Infant Health Care Law of the People\’s Republic of China\”
4 , Article 30 Women are entitled to maternity leave stipulated by the state. For women who have babies under one year old, their employer shall arrange certain breastfeeding time for them during working hours.
5. For pregnant female employees in Paragraph 3 of Article 7, prenatal check-ups during working hours shall be counted as working time.
6. Eighth. The maternity leave for female employees is 90 days, including 15 days of prenatal leave. For multiple births, the maternity leave will be increased by 15 days for each additional baby.
7. If a female employee suffers a pregnancy and miscarriage, her employer shall grant her a certain period of maternity leave based on the certificate from the medical department.
8. Article 9 For female employees who have babies under 1 year old, their unit shall provide them with two breastfeeding (including artificial feeding) periods of 30 minutes each time during each working shift. In the case of multiple births, each additional breastfeeding period shall be given. For 1 baby, each breastfeeding time is increased by 30 minutes. The two breastfeeding periods of a female employee during each shift can be combined, and the breastfeeding time and the time spent on the way to and from breastfeeding within the unit are counted as labor time.
4. Legal provisions on 15-day paternity leave
1. National statutory paternity leave It is a 15-day maternity leave. Paternity leave means that for couples who have registered their marriage in accordance with the law, the man enjoys the right to take care of and care for each other for a certain period of time during the woman\’s maternity leave.
2. A man who first marries when he is twenty-five years old and a woman who is over twenty-three years old is considered late marriage; a married woman who gives birth to a child after a late marriage or who is over twenty-four years old and gives birth to her first child is considered late childbearing.
3. Couples who practice late marriage and late childbearing will enjoy the following preferential treatment:
4. State workers and enterprises If employees of the unit marry late, their marriage leave is 30 days; if they have late childbearing, their maternity leave is 105 days, and the husband will be given 15 days of nursing leave;Husband and wife who are urban residents and have received the \”Honorable Certificate of Parents of Only Child\” will enjoy preferential treatment and rewards: if the certificate is received before the expiration of maternity leave, the woman\’s maternity leave will be increased by 50 days, and the man will be given an additional 5 days of nursing leave.
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