Chongqing maternity leave 178 days how to pay maternity allowance

Chongqing maternity leave 178 days maternity allowance, generally on a monthly basis. Maternity allowance is claimed by the employer from the local medical insurance agency. After receiving the information of the employer's application for payment of maternity allowance, the medical insurance agency will pay the maternity allowance to the employer on a monthly basis within 30 days from the date of receipt of the application after reviewing and approving the conditions for payment. If the employee has not participated in maternity insurance, the maternity allowance, which is the maternity wage, is paid by the employer according to the standard of the wage before the maternity leave; if the employee has participated in maternity insurance, the employee is entitled to the maternity allowance during the maternity leave, which is the maternity wage, and it is paid by the Maternity Insurance Fund. The maternity allowance to which the employee is entitled is calculated in accordance with the average monthly salary of the employee of the employer for the previous year when the employee gives birth or undergoes a family planning operation, divided by 30 and multiplied by the number of days of the prescribed leave.

I. Conditions for applying for maternity allowance:

1. Employees must participate in the social security system in accordance with the regulations, and have paid maternity insurance for more than 12 months at the time of the birth;

2. Deliveries, abortions, and family planning surgeries are carried out in healthcare institutions that comply with the national regulations on the establishment of obstetrics and gynecology departments;

3. Family planning regulations of the country, province, and city are complied with.

Second, the maternity allowance to receive the required materials:

1, you need to provide the original identity card of both husband and wife, as well as photocopies.

2. You need to provide an application form for maternity allowance, which can be downloaded from the Internet.

3, you need to provide the original marriage certificate, it is best to carry a copy.

4. You need to provide a birth certificate and birth permit that has been prepared.

Legal basis:

Article 25 of the Law of the People's Republic of China on Population and Family Planning Article 25 Couples who give birth to a child in accordance with the provisions of the laws and regulations may be granted incentives or other welfare benefits in the form of extended maternity leave.

Special Provisions on Labor Protection for Female Workers and Employees Article 7 Female workers are entitled to 98 days of maternity leave for childbirth, of which 15 days may be taken before delivery; in the case of a difficult birth, the maternity leave shall be increased by 15 days; in the case of the birth of a multiple child, the maternity leave may be increased by 15 days for each additional child. If a female worker is pregnant for less than four months and miscarries, she shall be entitled to 15 days of maternity leave; if she is pregnant for four months and miscarries, she shall be entitled to 42 days of maternity leave.

The Social Insurance Law of the People's Republic of China

Article 53 Employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with the state regulations, and the employee shall not pay maternity insurance premiums.

Article 54 Where an employer has paid maternity insurance premiums, its employees shall be entitled to maternity insurance benefits; the employee's unemployed spouse shall be entitled to maternity medical expenses in accordance with state regulations. The necessary funds shall be paid from the Maternity Insurance Fund. Maternity insurance benefits include maternity medical expenses and maternity allowances.

Article 55 Maternity medical expenses include the following:

(1) medical expenses for giving birth;

(2) medical expenses for family planning;

(3) expenses for other items prescribed by laws and regulations.

Article 56 Employees shall be entitled to maternity allowances in accordance with the state regulations in any of the following cases:

(1) Female workers are entitled to maternity leave for giving birth;

(2) they are entitled to leave for family-planning surgery;

(3) other cases stipulated by laws and regulations.

Maternity allowance is paid in accordance with the average monthly salary of the employees of the employer where the employee works in the previous year.