Maternity leave includes: 98 days +30 days (late childbirth)+15 days (dystocia)+15 days (multiple births for each additional baby), and receive maternity allowance. Maternity allowance is a subsidy paid by the state to enterprises during maternity leave, but its calculation method is related to the salary base declared by enterprises in the social security department, so the actual maternity allowance is not equal to maternity leave salary, so there are regulations: maternity leave salary and maternity allowance are higher, in short:
1. If the employee's maternity leave salary (that is, the employee's actual monthly salary standard, the same below) is higher than the maternity allowance, it is enough to pay the employee according to the maternity leave salary, and the maternity allowance will be returned to the enterprise.
2. If the employee's maternity leave salary is lower than the maternity allowance, it can be paid to the employee according to the maternity leave salary first, and then make up the difference between the maternity leave salary and the employee, and the rest can be returned to the enterprise.
Fourth, breastfeeding leave is paid at 80% of the salary for six and a half months, and the extended period is paid at 70%.
One is to appeal to the competent department of the enterprise or the labor inspection department. (The Measures for Labor Protection of Female Workers in Shanghai stipulates: "When the labor protection rights and interests of female workers are infringed, they have the right to lodge a complaint with the superior competent department of the unit or the labor department of the region or county where they are located in accordance with the relevant regulations of the State Council. The department accepting the complaint shall make a decision within 30 days from the date of receiving the complaint. If a female employee refuses to accept the decision, she may bring a lawsuit to the people's court within 15 days from the date of receiving the decision. " )
The second is to apply to the Labor Dispute Arbitration Committee for arbitration. It should be noted that it should be within one year from the date of the labor dispute.
Third, if you are dissatisfied with the decision of the labor administrative department or the arbitration award, you can bring a lawsuit to the people's court.