A few days ago, a case of labor dispute was over. The case was generally like this. Labor A worked in Company A. Because of response to the national call, he asked for a second child. In early 2023, he had a second child.At about 90 days of maternity leave, the employer notified that A was over after the maternity leave. It was necessary to return to the company to work, and was rejected by A. Company A lifted the labor contract with A on the grounds that A was absent from work.
The case is simple, but I find that there are still many people who do not know the specific days of maternity leave. Of course, it also includes some units. I will talk about how many days of maternity leave here.
The maternity leave is divided into two parts, one is Article 7 of the "Special Regulations for the Protection of Female Workers" stipulates that "Female employees enjoy 98 days of maternity leave, of which 15 days can be vacated before maternity;One more baby per birth, adding to maternity leave for 15 days. If the female employee has a miscarriage of less than 4 months, he will enjoy 15 days of maternity leave; if you have a miscarriage for 4 months, you can enjoy 42 days of maternity leave. "
The other part is the increase in maternity leave in various provinces. The increase in maternity leave in each province is different. Here we only take Shandong Province as an example. The newly revised "Shandong Provincial Population and Family Planning Regulations" in Shandong Province in 2022Statement: "Couples that comply with the laws and regulations of these regulations, in addition to maternity leave stipulated in the state, female employees have increased 60 -day maternity leave. The spouse can enjoy the maternity leave at no less than fifteen days.Cumulative no less than ten days of parenting leave. "
These two parts add up to 158 days, so the legal maternity leave in Shandong Province is 158 days.
There are any problems. How should the salary during maternity leave be paid and who pays it?
If the employer pays social insurance to the workers, the maternity insurance fund will be paid by the maternity insurance fund during maternity leave. However, the current maternity leave allowance only pays the number of maternity leave days prescribed by the state for 98 days.The law does not have clear regulations, but Article 26 of the "Population and Family Planning Regulations" of Shandong Province stipulates: "Increasing maternity leave, accompanying leave, parenting leave, they are regarded as attendance, salary is issued, benefits are not treated, and benefits are not treated.Change. "Combined with practical cases, the court generally supports the fertility allowances during maternity leave by employers. The specific algorithm is that the workers provide average salary of 12 months during the labor period.
Summary: The current number of maternity leave days in Shandong Province is 158 days. It is the number of days without division, second child or third child.The maternity allowance shall be paid by the employer to increase the 60 -day maternity allowance of maternity leave; if the employer does not pay the maternity insurance for employees, the 158 -day maternity leave allowance shall be paid by the employer.
Therefore, the case mentioned in this article, the employer required the workers to return to work before the legal maternity leave of the workers, and the work of losing the labor contract with the workers was terminated on the grounds of violation of the rules and regulations of the unit.Laws and regulations are illegal, so the practice of employers is illegal, and compensation such as compensation for workers should be paid.
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