Is abortion considered maternity leave or sick leave?

Whether it is miscarriage or accidental abortion, it will cause great harm to women's body. The body after abortion is very weak and must rest for a period of time before it can return to normal. The 2016 maternity leave law stipulates the main content of maternity leave. Maternity leave mainly refers to the summer vacation for giving birth to a child. So, does miscarriage belong to maternity leave or sick leave?

Is miscarriage classified as maternity leave or sick leave?

You must understand that whether it is an abortion or induced labor, it is equivalent to creating a baby. The damage done to female workers who are forced to undergo abortions is even greater. During the abortion operation, if the medical staff is not careful in the operation, it will damage the woman's uterus and may affect fertility. Therefore, our country’s 2016 maternity leave regulations require that women who suffer miscarriages be given abortion surgery leave.

1. Article 8, Paragraph 2 of the "Regulations on Labor Protection for Female Employees" stipulates that if a female worker becomes pregnant and has an abortion, her employer should grant her a certain period of maternity leave based on the certification of the medical unit. (This does not yet distinguish whether the baby has been born)

2. Article 1 of the Notice of the Ministry of Labor on Several Issues Concerning Maternity Benefits for Female Employees (Laoxianzi [1988] No. 2) requires that when a female worker has a miscarriage within four months of pregnancy, she should be granted 15 to 30 days of maternity leave based on the recommendation of the medical unit; when a female worker has a miscarriage within four months of pregnancy, she should be granted 42 days of maternity leave. During maternity leave, salary will be paid as usual.

If a female worker has a miscarriage within 4 months of pregnancy, she should be granted 15 to 30 days of maternity leave based on a certificate issued by the hospital; if she has a miscarriage within 4 to 7 months of pregnancy, she will be granted 42 days of maternity leave, and if she has a miscarriage within 7 months of pregnancy, she will be granted normal maternity leave. Female workers who have experienced two or more miscarriages and currently have no children should be transferred to jobs that may directly or indirectly cause miscarriage.

The difference between family planning leave and maternity leave

Family planning leave does not only refer to maternity leave, but also includes other summer vacations that female workers are legally entitled to, including maternity leave.

Family planning policy holidays stipulated by the state:

1. Statutory marriage leave: 3 days of leave that meets the requirements of the Bankruptcy Law. Women aged 23 years and 3 months and men who are getting married for the first time can enjoy a total of 23 days of statutory marriage leave (identity documents, marriage certificate and marriage and childbearing certificate of the male enterprise must be referred to).

2. Maternity leave for female employees: Normal maternity leave is 90 days (15 days can be taken before delivery), and it is extended by 15 days in case of difficult labor (surgical midwifery); it is extended by 14 days for twins; it is extended by 15 days for late childbearing; it is extended by 30 days after obtaining the "only child certificate". After giving birth and having bilateral tubal ligation surgery, the leave will be extended by an additional 21 days. Female workers who are 7 months pregnant or have given birth but whose children are under 1 year old shall stop working the night shift and be allowed 40 minutes of breastfeeding time within every 4 hours.

3. Intrauterine contraceptive ring: 3 days off from the effective date of surgery, no sexual intercourse within 7 days.

4. Removal of IUD: Rest for 1 day

5. Family planning policy for abortion and induced labor: if the pregnancy is less than 2 months, the patient will have 15 days of leave; if the pregnancy is more than 2 to 4 months, the patient will have 30 days of leave; if the pregnancy is more than 4 months, the patient will have 42 days of maternity leave.

The maternity leave and breastfeeding leave stipulated by the state: 1. For those who choose to give birth to a single child naturally, they are given 90 days of maternity leave, including 15 days of rest before delivery and 75 days of rest after delivery. 2. Pregnant women who suffer from difficult labor will have their maternity leave extended by 15 days. For pregnant women who are pregnant with twins, the maternity leave will be extended by 15 days for each additional baby. 3. For those who have a miscarriage or ectopic pregnancy within three months of pregnancy, 30 days of maternity leave will be granted. For those who give birth in July of the same year after three months of pregnancy, 45 days of maternity leave will be granted. 4. After a female worker becomes pregnant, she should take care of her baby to breastfeed twice during working hours within one year of the baby's birth (including feeding with formula milk). Each breastfeeding session lasts 30 minutes, and several breastfeeding sessions can also be combined. For those who give birth to multiple children, each breastfeeding time should be increased by 30 minutes for each additional child.