How to calculate 158 days of maternity leave

A woman's body is very weak after giving birth, so she must take a good maternity leave to allow her body to recover as quickly as possible and to take care of the fetus as soon as possible. In order to encourage the birth of a second child, the country has increased the maternity leave for the second child. Now the maternity leave for the second child is 158 days, a significant increase. How to calculate 158 days of maternity leave?

How to calculate 158 days of maternity leave

According to relevant requirements, starting from January 1, 2016 (including January 1), couples who meet the requirements and are pregnant with children will be given an additional 60 days of maternity leave in addition to the maternity leave stipulated by the state and will enjoy maternity insurance. That is: starting from 2016, female workers are entitled to 98 days, 60 days, or a total of 158 days of maternity leave according to regulations; among them, if the pregnant woman suffers from a difficult delivery, the maternity leave will be extended by 15 days. For pregnant women with twins, the maternity leave will be extended by 15 days for each additional baby.

Dystocia is relative to choosing natural birth. If natural birth is not possible, it is generally considered dystocia. Then, the reporter consulted the relevant person in charge of the hospitalization department of the Municipal Social Security Bureau. It was learned that the definition of dystocia in medicine is very broad, and cesarean section is a type of dystocia for pregnant women. Therefore, cesarean section can enjoy an additional 15 days of maternity leave. According to the person in charge, in addition to caesarean section, the two most common types of difficult labor are the use of forceps and vacuum extractor during delivery, and these two situations also enjoy the same maternity leave "benefits."

When a pregnant woman applies for hospitalization, the hospital will issue a discharge summary, which records the length of hospitalization, pre-delivery examinations, the method of delivery chosen, the birth of the baby and other detailed information. Among them, whether it is a difficult delivery for the pregnant woman will also be clearly defined. In addition, after the pregnant woman has been hospitalized for about half a month, she can go to the hospital to print out her medical records, and there will be a record in the medical records whether it is a case of dystocia.

Maternity leave salary for female employees

The issue of salary and benefits for female employees during maternity leave is a problem often encountered in the entire process of employee relations management. From the perspective of national labor laws, neither the Labor Law nor the Labor Contract Law has established requirements. There are no explicit provisions regarding salary and benefits during maternity leave in the Regulations on the Protection of Female Employees and other relevant laws maintaining the family planning policy. However, Article 56 of the Social Insurance Law, which will be implemented on July 1, 2020, requires: "Maternity insurance shall be calculated based on the employee's average monthly salary in the previous year." That is, the maternity insurance standard received by female workers during their pregnancy period is linked to the company's average monthly salary standard in the previous year. While establishing the standards for maternity insurance, the Social Insurance Law also actually established the issue of maternity leave wages and benefits for female employees - the wages and benefits for female employees during maternity leave are maternity insurance.

However, the Social Insurance Law has not yet been implemented. At this stage, the salary and benefits of female employees during maternity leave are mainly implemented in accordance with local maternity insurance requirements. For example: Article 15 of Beijing's "Beijing Maternity Insurance Regulations" requires: "Maternity insurance is calculated based on the female worker's own contribution base for the month of pregnancy divided by 30 and then multiplied by the number of maternity leave days. Maternity insurance is the salary of the female employee during the maternity leave. If the maternity insurance is less than her standard salary, the company will make up a part of the difference." The content of the "Regulations" is required to be symbolic. However, this requirement conflicts with the requirements of the Social Insurance Law that will soon be implemented because the standards are different. The former is the employee's own standard salary, while the latter is the average standard salary of all employees in the enterprise.