What should the company only give 98 days according to the regulations?How to calculate maternity leave wages

The company only gives 98 days of maternity leave, is it legal?

During the maternity leave, is the company’s only salary in accordance with the minimum local standards?

What should we do if the company’s ignorance of maternity leave?

Recently, netizen Xiao Zhao consulted me about maternity leave.She said she was the first child and saw the latest maternity leave policy 158 days.However, after asking the company’s personnel department, the reply was "98 days of maternity leave no matter what the situation."Xiao Zhao asked again whether the meal supplement during maternity leave was still available.

Xiao Zhao felt that his rights and interests were violated and asked me specifically.

Why is our maternity leave 158 days?Many people may think that the 158 -day maternity leave is provided by the law, but it is not.

Article 62 of the Labor Law, only said that "female employees enjoy maternity leave with no less than ninety days." The Women’s Rights Protection Law was not even mentioned as even how many days of maternity leave.

Documents that really have clearly stipulated maternity leave days are from the Special Regulations for Labor Protection of Women’s Workers’ Labor Practice from April 28, 2012:

Among them, Article 7 stipulates:

Female employees enjoy 98 days of maternity leave, of which 15 days can be vacated before delivery; those who are difficult to produce should be 15 days of maternity leave; those who have a babies can increase maternity leave for 15 days for each baby.

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.

Everyone pays attention to the clear stipulation of production leave here -98 days, it can be said that this is the highest level of maternity leave days. This is why private enterprises generally adopt the source of 98 maternity leave.

What is the basis of 158 days of maternity leave?

This is because the provinces are supplemented with maternity and leave according to the actual situation.It is generally found in the "Provincial Population and Family Planning Regulations".For example, Zhejiang Province, where Xiao Zhao is located, has the following provisions in Article 20, paragraph 1 of the "Population and Family Planning Regulations" in Zhejiang Province:

(1) On the basis of enjoying maternity leave, the woman extends 60 days of maternity leave, and the two -child and three children extend their maternity leave for 90 days. They will be calculated according to the day from the date of fertility;Work age; employers can give other preferential treatment according to the specific situation;

Therefore, this 158 -day maternity leave is not the law from, but the combination of at least two documents -98+60 = 158 days.Like Sichuan, it has also been carried out for 30 days of pure mother breastfeeding leave, then Sichuan’s maternity leave can reach 98+60+30 = 188 days.

158 Floor leave is a document. Does the company not comply with the law?

Many companies like to play text games with employees. "This is a local document" company does not comply with illegal law. At most, it is illegal, and it will generally not be held accountable.

Do n’t believe this statement. It stipulates that for 158 days, it is illegal to only 98 days.Employees have the right to recover losses, and basically they are accurate.

In fact, everyone here has a misunderstanding. The money we get during the maternity holiday period is not a salary. Its legal name is called "maternity allowance".The money was not given by the company, but was allocated by social security agencies.

It’s just that this money is first called by the social security agency, and the company will be given to us, so it will cause an illusion, which is the salary issued by the company.

Is there a standard for fertility allowances?

There must be standards. According to Article 56 of the Social Insurance Law, "the maternity allowance is calculated in accordance with the average monthly salary of employees in the previous year according to the employee’s employees."

If our salary is higher than the company’s average salary, isn’t it very bad?

No, at this time we have to find local documents- "Regulations for Maternity Insurance of Enterprise Enterprise Enterprise".Taking Article 7 of the "Regulations on Maternity Insurance in Zhejiang Enterprise Employees" as an example:

The maternity allowance during maternity leave shall be paid according to the payable salary of the fertility female employees. If my payment salary is lower than the average monthly payment of the local monthly monthly payment, the average monthly payment of the local monthly monthly pay is paid.

The merger of the two laws and regulations is that the social security institution has an average salary of the company. If the salary of employee A is lower than the average salary of the company, the company will make it.If the company is higher than, the company will put money to employees.

Why do many private companies only pay for maternity leave employees in accordance with the local minimum wage standards, or to pay wages in maternity leave employees in accordance with the basic salary standards?Did they deduct some of the fertility allowances?

No, this is because many private companies are not declared social security according to our actual income, but only declared according to the local minimum standards. The last allowance is the minimum standard.If the company pays female employees as actual salary, the company will lose money, and it may lose a lot.Therefore, how much money some companies get, how much money does it pay for employees, so we have less allowances.

The company’s skeleton base can do what should I do if the fertility allowance does not match the actuality?

It’s very simple. This is the company’s steming for us. The shortcomings should be supplemented by the unit.The average salary here does not refer to basic salary, but also includes various allowances, pieces of pieces, performance bonuses, business commission, etc.

Most people think so about this kind of problem. If you want maternity leave and benefits, you have to make trouble with the company, and the result is to take money away.If you want to work, you will be able to rest.In fact, in addition to these two situations, there are third methods.

I give Xiao Zhao’s idea like this. If you do n’t want to work, what can we do?

1. Apply for maternity leave for 98 days first, and then apply for 60 days after the rest. After all, this 158 days are also combined.The purpose of this is to first get the 98 -day allowance, and the other is to tell the company that we have not given up our rights and interests.

2. The company does not agree to continue vacation, we can advocate the company’s arrears of wages.Be careful not to mention "forced to leave", we just want the company to give us the 60 -day salary.

3. Continue to work after maternity leave, don’t leave.At this time we are still breastfeeding, and the company cannot dismiss us.

4. After breastfeeding, the company couldn’t stand it, and we had to dismiss us.Consultation to dismiss and give us economic compensation -N.Illegal dismissal and compensation for us -2N.

alright!Is this calculated, is it we lost or the company loses?As long as we can bear it, it is definitely a large company’s cost.So let’s talk about this plan with the personnel department and see if there is any way to discount both parties.

Xiao Zhao told me before the release that she reached an agreement with the company.The maternity leave is calculated according to 98+30, the 98 -day maternity leave, and then for 30 days of leave. The salary of these 30 days is given to her.The salary is calculated based on the basic salary+welfare allowance and does not contain performance bonuses.

The suggestion I gave to Xiao Zhao was that it agreed first, which was better than the previous conditions.However, the company is still illegal to do this. We take a step and look at it. As long as you don’t sign any commitment, the initiative is in our hands.

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