Pregnant female workers who receive prenatal examination during working hours shall be counted as working hours. Maternity leave for female employees is 90 days, including prenatal rest 15 days. For dystocia, the maternity leave will be increased by 15 days, and for multiple births, the maternity leave will be increased by 15 days for each additional baby. If a female worker is pregnant and aborts, her unit shall give her maternity leave for a certain period according to the certificate of the medical department. If a female worker violates the relevant state family planning regulations, her labor protection shall be handled in accordance with the relevant state family planning regulations, and these provisions shall not apply.
The Notice of the Ministry of Labor and the Ministry of Personnel on Several Issues Concerning the Maternity Treatment of Female Workers (Lao Jian Zi [1988] No.2) stipulates that:
(a) female workers who have miscarried within four months of pregnancy shall be given fifteen to thirty days maternity leave according to the opinions of the medical department; Forty-two days of maternity leave shall be given to those who have miscarried for more than four months. During maternity leave, wages are paid as usual.
2) When the pregnant female worker is examined or delivered in the medical institution or designated medical institution of the unit, the examination fee, delivery fee, operation fee, hospitalization fee and medicine fee shall be borne by the unit, and the expenses shall be paid by the original medical fund channel.
(3) If a female employee is unable to work due to physical reasons after the maternity leave expires, the treatment other than maternity leave shall be handled according to the relevant provisions of the employee's illness after being proved by the medical department.
2. Under what circumstances can an enterprise not dismiss female employees?
Labor contracts concluded according to law have legal effect. The labor contract shall be dissolved in accordance with the provisions of the law, and the labor contract shall not be dissolved at will.
According to the provisions of Article 29 of the Labor Law, the employer shall not terminate the labor contract according to Articles 26 and 27 of the Labor Law in case of any of the following circumstances:
(a) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work;
(2) Being sick or injured within the prescribed medical treatment period;
(3) During pregnancy, childbirth or lactation;
(4) Other circumstances stipulated by laws and administrative regulations.
At the same time, Article 27 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) has made more specific provisions. No unit may reduce the wages of female employees, dismiss female employees or unilaterally terminate the labor (employment) contract or service agreement on the grounds of marriage, pregnancy, maternity leave or breastfeeding. However, unless the female employee requests to terminate the labor (employment) contract or service agreement.
Being a female employee is protected by law, but if a female employee is pregnant, she can enjoy better treatment at this time. What is the specific treatment for pregnant female employees? Bian Xiao has been introduced above. It should be noted that China's laws clearly stipulate that in some cases, enterprises cannot dismiss female employees, including when female employees are pregnant.