In recent years, more and more young people on the Internet have asked: How many days of maternity leave can I take for unmarried childbirth, can I receive maternity allowance, and can I enjoy parental leave?
Today, Yu Xiaobao will answer you one by one~
Can I take maternity leave if I give birth out of wedlock?
The official reply is here!
Recently, some netizens left a message on the website of the Tianjin Municipal Health Commission asking: Does the additional 60 days after the 98-day maternity leave in Tianjin's policy restrict only marriage and childbirth?
In this regard, the Tianjin Municipal Health Commission replied: According to the "Tianjin Population and Family Planning Regulations", the city's increased maternity leave (maternity leave) of 60 days is limited to the birth of one, two, and three children after marriage registration.
According to the Special Provisions on Labor Protection for Female Employees in the Mainland, a woman's maternity leave is statutory, and as long as there is a childbirth, she should enjoy the 98 days of maternity leave prescribed by the state.
Combined with the newly revised Tianjin Population and Family Planning Regulations, Tianjin maternity leave is 30 days on the basis of 98 days.
According to the above reply and regulations, unmarried children in Tianjin can enjoy 98 days of maternity leave.
Are unmarried births entitled to maternity leave, maternity allowance, etc.?
According to the Special Provisions on Labor Protection for Female Employees in the Mainland, a woman's maternity leave is statutory, and as long as there is a childbirth, she should enjoy the 98 days of maternity leave prescribed by the state.
In terms of maternity allowance, the National Health Insurance Administration has made it clear that the social insurance law follows the equality of rights and obligations, and as long as the responsibility for paying maternity insurance is fulfilled, there is no threshold for enjoying treatment at the national level.
In May 2023, the Hefei Intermediate People's Court released the Top Ten Typical Cases of Administrative Cases in Hefei Municipal Courts (2020-2022). One of these cases is the question of whether a child born out of wedlock is entitled to maternity benefits.
1. Basic facts of the case
On November 13, 2021, Xia gave birth to a son out of wedlock. During her pregnancy, Xia applied to the Municipal Medical Security Fund Management Center for reimbursement of maternity expenses and maternity allowances.
A municipal medical insurance center refused to accept Xia's application on the grounds that he did not meet the requirements. Dissatisfied, Xia filed an administrative lawsuit, requesting that the medical insurance center of a certain city be ordered to immediately perform its duties and handle the reimbursement of medical expenses and the issuance of maternity allowances for him.
2. Judgment results
After trial, the people's court held that in order to achieve the coordinated development of population and economy, society, resources and environment, and safeguard the legitimate rights and interests of citizens, the 30th meeting of the Standing Committee of the 13th Anhui Provincial People's Congress on November 19, 2021 revised the "Anhui Provincial Population and Family Planning Regulations" and abolished the provision that "the following childbearing behaviors are prohibited: giving birth to children without obtaining a husband and wife relationship in accordance with the law".
Article 93 of the Legislation Law of the People's Republic of China stipulates that laws, administrative regulations, local regulations, autonomous regulations, special regulations and rules shall not apply retroactively, except for special provisions made to better protect the rights and interests of citizens, legal persons and other organizations.
In this case, Xia's employer had normally insured him, and he gave birth on November 13, 2021, and for the sake of better protecting Xia's rights and interests, the "Anhui Provincial Population and Family Planning Regulations" revised in 2021 should be applied, so that he can be protected by maternity insurance and enjoy maternity insurance benefits.
In accordance with the "Anhui Provincial Population and Family Planning Regulations" revised in 2016 and other provisions, the medical insurance center of a certain city held that Xia's inability to enjoy maternity insurance benefits was indeed improper and should be corrected in accordance with the law, so it ruled that the medical insurance center of a certain city should perform statutory duties for Xia's application involved in the case.
And now the human resources and social security bureaus in many places have clearly replied, and women who give birth to children out of wedlock can also receive maternity allowances.
Source: 51 Social Security Network