Many places across the country have successively announced amendments to family planning regulations, improved maternity benefits, and extended maternity leave.
With the gradual implementation of relevant policies, what will follow is the maternity leave salary standard for female employees.
- List of marriage and maternity leave in 2024;
- The latest standard of maternity leave pay in 2024;
- ......
Not much to say, let's take a look~
Latest edition in 2024
List of marital and maternity leave
After the three-child policy was clarified, various provinces and municipalities successively revised their family planning regulations, and there were significant changes in marriage leave, maternity leave, paternity leave, and parental leave.
In order to let everyone understand more intuitively, Yu Xiaobao has compiled a version of the latest marriage and maternity leave arrangements, which you can check ⬇️ by yourself
Among them, maternity leave can start 15 days in advance of the expected date of delivery, and the time is calculated on a natural day, and it will not be extended in case of holidays.
The latest standard of maternity leave pay in 2024
First of all, it should be noted that maternity leave pay and maternity allowance are not the same:
- Maternity allowance: The living expenses provided by national laws and regulations for working women during the period when they leave work due to childbirth. The main body that bears the maternity allowance for employees is the social security institution.
- Maternity leave pay: The salary paid by the employer during the employee's maternity leave. The employer is the main body that pays the wages of the employees.
Calculate reminder▼
Maternity allowance ≥ maternity leave pay, and enterprises no longer need to pay employees double wages
Maternity allowance < maternity leave pay are based on the principle of higher proportions, and the employer needs to make up the difference and pay it to the individual
1. How to pay maternity leave pay?
(1) Prerequisites for receiving maternity leave pay
If a female employee has already enjoyed maternity allowance, medical allowance and other benefits during the maternity leave, if the maternity allowance is higher than the average salary of the employee, the employer does not need to pay the maternity leave salary to her, and if it is lower than the average wage, the company needs to make up the difference.
However, if the maternity allowance payment period is exceeded, the standard for receiving maternity allowance is not met, or the enterprise fails to pay maternity insurance to the employee, the employee can request the enterprise to pay the maternity leave salary.
(2) Important Notes
The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the average monthly salary of the employee in the previous year for those who have already participated in maternity insurance, and the employer shall pay the maternity allowance for those who have not participated in maternity insurance according to the standard of the salary of female employees before maternity leave.
For example:
The monthly maternity allowance for a female employee is 8,000 yuan, and the average monthly salary of the employee in the enterprise is 8,500 yuan, of which the difference of 500 yuan needs to be made up by the employer; the monthly maternity allowance for a female employee is 8,000 yuan, while the average salary of the employer for the month is 7,500 yuan, and the employer cannot deduct more than 500 yuan of the average salary.
2. What are the rules for applying for maternity allowance?
(1) How to calculate the maternity allowance?
The formula for calculating maternity allowance is the average monthly salary of the employee's employer / 30x the number of days of maternity leave. (The payment base of employees is calculated according to the average monthly salary of the employer where the employee works in the previous year);
(2) What are the requirements for receiving maternity allowance?
Most cities need to pay maternity insurance for a certain period of time (usually 12 months) if they want to enjoy maternity insurance benefits.
However, in recent years, many places have lowered the threshold for continuous participation in maternity insurance and extended the period of receiving maternity allowance. Among them, the latest regulations in Guangdong stipulate that the enjoyment of benefits is no longer subject to the restriction of one-year insurance participation.
(3) How to receive maternity allowance?
The way to apply for maternity allowance varies from place to place, and in some places, employees go through the filing and application procedures for maternity insurance on their own and go to the bank to receive the maternity allowance on their own.
In some places, the unit goes through the formalities for the filing of maternity insurance, and the social security center will pay the maternity allowance to the unit's account, which will be issued by the unit.
For details, please consult your local social security office.
Is there a maternity allowance for incentive maternity leave?
The Human Resources and Social Security Bureau has clarified
With the addition of incentive maternity leave in various places, many people are also questioning whether there is a maternity allowance for incentive maternity leave?
Here are some examples:
According to the "Special Provisions on Labor Protection of Female Employees" and the "Regulations of Guangdong Province on Population and Family Planning", under normal circumstances, female employees in Guangdong can get 98 (basic maternity leave) + 80 (incentive leave) = 178 (days) of maternity leave.
Among them, the maternity allowance for 98 days of maternity leave shall be paid by the employer in advance on a monthly basis according to the employee's original salary standard, and then allocated to the employer by the social insurance agency in accordance with the regulations.
So how is the 80-day incentive maternity leave pay stipulated?
According to the Regulations of Guangdong Province on Maternity Insurance for Employees, employees are not entitled to maternity allowance during the incentive leave.
That is to say, the number of days of leave for calculating the maternity allowance is not equal to the actual number of days of leave of the employee, and the employer shall pay wages in accordance with the provisions of the maternity leave during the period of maternity leave for which the employee is entitled to the increase in incentives in accordance with the provisions of the family planning laws and regulations, and the employee shall not enjoy the maternity allowance.
In other words, after a female employee in Guangdong has completed the basic maternity leave (98 days), the employer needs to pay wages for 80 days of incentive leave, so how should it be paid?
According to Article 30 of the Regulations of Guangdong Province on Population and Family Planning, couples who give birth to children in accordance with the provisions of laws and regulations are entitled to 80 days of incentive leave for the woman and 15 days of paternity leave for the man. Wages are paid during the prescribed holidays, and welfare benefits and attendance awards are not affected.
Article 19 of the Regulations of Guangdong Province on the Payment of Wages stipulates that during the period when an employee is entitled to statutory holidays, annual leave, family visit leave, marriage leave, bereavement leave, maternity leave, nursing leave, family planning leave and other holidays, the employer shall treat the employee as normal work and pay him wages for normal working hours.
Therefore, the wages paid to employees during the incentive leave period must still be paid according to the normal working wage standard, and the attendance bonus cannot be deducted and cannot be paid according to the local minimum wage standard.
However, with the gradual improvement of birth regulations in various places, some regions have gradually included incentive maternity leave in the maternity allowance standard, and you can expect a wave~
Source: 51 Social Security Network