Case backtracking
Xiao Chen is an employee of a foreign-funded enterprise in Tianjin. He is 25 years old, and the unit has paid various social insurances for him according to the regulations. In 20 13 years, the average monthly salary of employees in Xiao Chen is 5,000 yuan. At the beginning of August, 20 14, Xiao Chen was pregnant, so she went to the family planning department to apply for the Maternity Service Certificate and registered her pregnancy. Because Xiao Chen's parents are away from home, she thinks she is young and doesn't pay much attention to pregnancy at work. 2065438+01One day in June 2004, Xiao Chen slipped at work and felt abdominal pain, so he went to the hospital to see a doctor. The doctor diagnosed this as a precursor to miscarriage, and Xiao Chen quickly asked for leave from the unit to go home and rest. At the beginning of February, Xiao Chen suffered from unbearable abdominal pain and went to the hospital for treatment, but the treatment was not satisfactory. The child was hopeless and had an abortion.
During his stay in the hospital, Xiao Chen has been asking for sick leave from his unit. Because the unit is a foreign-funded enterprise with a special post, the unit has been urging Xiao Chen to return to work. During this period, the unit has been paying Xiao Chen sick pay. Xiao Chen returned to work after 42 days of maternity leave. After work, Xiao Chen learned through consultation that her pregnancy had been terminated 12 weeks, and she should enjoy 30 days of maternity allowance. Xiao Chen found the person in charge of the personnel department and demanded to pay the salary difference. The company disagreed and still paid him according to the sick leave standard. In desperation, Chen Xiao sued the company to the Labor and Personnel Dispute Arbitration Committee and demanded to pay the difference in maternity allowance.
After understanding the situation of both parties, the arbitrator clarified the relevant regulations to the company. The company has paid social insurance for Xiao Chen and should submit an application for maternity allowance to the social insurance fund management center. After mediation, the company agreed to pay the difference of maternity allowance in Xiao Chen, and the specific amount shall be subject to the approval of the Social Security Center.
case analysis
According to Article 7 of the Special Provisions on Labor Protection for Female Employees (Order No.619 of the State Council of the People's Republic of China), female employees enjoy maternity leave for 98 days, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child.
According to the relevant provisions of the Notice of Tianjin Human Resources and Social Security Bureau on Adjusting the Calculation and Payment Standard of Maternity Allowance for Urban Employees (No.54 issued by Tianjin Human Resources and Social Security Bureau [2065438+02]), female employees who give birth or terminate pregnancy are entitled to maternity allowance on a daily basis, and the daily standard of maternity allowance is calculated by dividing the average monthly salary of employees in the employer in the previous year (that is, the base of maternity insurance premium paid by the employer in the month when employees give birth or terminate pregnancy) by 30.4.
Female employees who give birth or terminate their pregnancy after April 28th, 20 12, who are less than 12 weeks pregnant and terminate their pregnancy, are entitled to 15 days maternity allowance; /kloc-if the pregnancy is terminated after 0/2 weeks or more 16 weeks, the maternity allowance for 30 days will be enjoyed; /kloc-if the pregnancy is terminated after 0/6 weeks but less than 28 weeks, the maternity allowance for 42 days will be enjoyed; Normal delivery or termination of pregnancy for 28 weeks, enjoy 98 days of maternity allowance.
Therefore, according to the above regulations, Xiao Chen can enjoy 42 days maternity leave and 30 days maternity allowance.
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