Article 1 These Provisions are formulated in order to reduce and solve the special difficulties caused by the physiological characteristics of female workers in their work and to protect the health of female workers.
Article 2 These Provisions shall apply to state organs, enterprises, institutions, social organizations, individual economic organizations and other social organizations and their female employees in People's Republic of China (PRC).
Article 3 The employing unit shall strengthen the labor protection of female employees, take measures to improve the labor safety and health conditions of female employees, and train female employees in labor safety and health knowledge.
Article 4 The employing unit shall abide by the provisions on the scope of labor prohibited for female employees. The employing unit shall inform the female employees in writing of the positions in the unit that belong to the scope of labor prohibited for female employees.
The scope of labor prohibited for female employees is listed in the annex to these Provisions. The supervision and administration department of production safety in the State Council shall, jointly with the administrative department of human resources and social security in the State Council and the administrative department of health in the State Council, adjust the scope of labor that female workers are not allowed to engage in according to the economic and social development.
Article 5 An employing unit shall not reduce the salary, dismiss or terminate the labor or employment contract of a female employee because of her pregnancy, childbirth and breastfeeding.
Article 6 If a female employee can't adapt to the original work during pregnancy, the employer shall reduce her workload or arrange other adaptive work according to the certificate of the medical institution.
For female employees who have been pregnant for more than 7 months, the employer shall not extend working hours or arrange night work, and shall arrange certain rest time during working hours.
Pregnant female workers have prenatal examination during working hours, and the time required is included in working hours.
Article 7 Female employees shall enjoy 98 days of maternity leave, 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.
Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.
Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees of the employing unit in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave.
Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.