How to calculate abortion leave wages

According to Article 7 of the Special Provisions on Labor Protection for Female Employees, pregnant female workers are entitled to 98 days of maternity leave, including 15 days of pre-delivery leave; if a pregnant woman has a difficult delivery, the maternity leave should be extended by 15 days; if a pregnant woman gives birth to twins, the maternity leave can be extended by 15 days for each additional baby.

If a female worker has a miscarriage before the fourth month of pregnancy, she is entitled to 15 days of maternity leave; if she has a miscarriage after the fourth month of pregnancy, she is entitled to 42 days of maternity leave.

Article 8 Maternity insurance for female employees during their maternity leave shall be paid by the maternity insurance fund in accordance with the employer's average monthly salary of employees in the previous year for those who have already signed up for maternity insurance; for those who have not signed up for maternity insurance, the employer shall pay in accordance with the female employee's salary before maternity leave.

The medical expenses for female workers' pregnancy or miscarriage will be paid by the maternity insurance fund in accordance with the new items and standards required by the maternity insurance for those who have already signed up for maternity insurance; for those who have not signed up for maternity insurance, the medical expenses will be paid by the employing company.

Additional Materials:

Due to institutional reforms and other reasons, the labor protection supervision system for female workers has undergone several changes. At the end of 2011, the newly revised "Occupational Disease Prevention and Control Law" made adjustments to the job health and safety management mechanism, namely: the administrative agency of the Ministry of Human Resources and Social Security is responsible for the supervision and management of labor contracts, comprehensive working hours and holidays, social insurance and other matters, and the work safety supervision unit is responsible for on-site supervision and management of employers' compliance with relevant laws and regulations on workers' health and safety.

Therefore, the "Regulations" adjusted the labor protection supervision system for female workers from the previous labor administrative agency to the human resources and social security administrative agencies of the municipal people's governments at or above the county level and the work safety supervision units to supervise and manage the compliance of employers with these requirements in accordance with their respective job responsibilities.

Second, it requires a legal basis. The Regulations on Labor Protection for Female Employees only vaguely require that employers be given administrative sanctions, ordered to pay economic compensation, and held criminally liable for disciplinary violations. In accordance with the relevant penalty requirements of the Occupational Disease Prevention and Control Law and the Labor Security Supervision Regulations, the Regulations on Labor Protection for Female Employees establish the legal basis for employers to violate the labor protection regulations for female workers.

Any violation of the second paragraph of Article 6, Article 7, and the first paragraph of Article 9 of the "Regulations on the Labor Protection of Female Employees" shall be punished at a rate of not less than RMB 1,000 and not more than RMB 5,000 for each injured female worker; any violation of Article 1 and Article 2 of the Supplementary Provisions to the "Regulations on the Labor Protection of Female Employees" shall be punished at a rate of not less than RMB 1,000 and not more than RMB 5,000 for each injured female worker; any violation of Article 3 and Article 4 of the Supplementary Provisions to the "Regulations on the Labor Protection of Female Employees" shall be punished with a fine of not less than RMB 50,000 and not more than RMB 300,000. If the circumstances are serious, the relevant work shall be terminated, or the relevant municipal people's government shall be reported to order it to be closed down in accordance with the management authority prescribed by the State Council.