Can't you receive maternity leave salary after receiving maternity allowance? How are Shanghai policies regulated?
Recently, a nursing workplace mother in a certain area, Xiaoke, encountered a troublesome situation that attracted the attention of netizens. At the end of last year, after giving birth to a son, she received a maternity allowance. However, after returning to work after the maternity leave ended, the company notified her to submit this maternity allowance, because during her maternity leave period, the company had already paid her maternity leave salary every month
How is the distribution of maternity allowances regulated in Shanghai? Can I still receive maternity leave salary after receiving maternity allowance? Recently, the Jiefang Daily Shangguan News interactive message board has also received many comments and questions from netizens, hoping to learn about the relevant policies in Shanghai. The reporter contacted the relevant departments and answered as follows.
Q: What are the distribution standards for maternity allowances for working women?
Answer: The maternity allowance enjoyed by women giving birth is calculated and paid based on their monthly maternity allowance standard divided by 30 days and multiplied by the number of days they are entitled to maternity allowance.
The monthly maternity allowance standard for employed women is the average monthly salary of employees in the previous year of the employer in which they gave birth or had an abortion. If the average monthly salary of employees in the employer where a working woman gave birth or had an abortion in the previous year exceeds 300% of the average monthly salary of employees in all urban units in this city in the previous year, it shall be calculated and paid based on 300% of the average monthly salary of employees in all urban units in this city in the previous year; If the monthly average salary of employees in all urban units in this city is 60% lower than the previous year, it shall be calculated and paid based on the monthly average salary of employees in all urban units in this city in the previous year.
If a working woman changes her employer within the 12 months prior to giving birth or having an abortion, her monthly maternity allowance shall be calculated and paid based on the weighted average of the monthly average wages of the employees of each employer in the previous year who worked within the 12 months prior to giving birth or having an abortion.
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Q: Is there a "one or two" relationship between maternity pay and maternity allowance for female employees during their maternity leave?
Answer: As one of the benefits of maternity insurance, maternity allowance is mainly a living allowance provided to professional women during their absence from work due to childbirth, which is a substitute for salary income. The specific payment standard is generally the average monthly salary of employees in the employer where the individual gave birth in the previous year. Therefore, during the period of receiving maternity allowance, working women can no longer receive maternity leave wages from their employer.
However, if there are the following situations, the employer should make up for the difference: firstly, when a working woman gives birth, if the average monthly salary of the previous year's employees in the employer is 300% higher than the average monthly salary of the previous year's employees in all urban units in Shanghai, the higher part shall be paid by the employer; Secondly, if the standard of maternity living allowance enjoyed by working women is lower than their pre maternity salary, the difference shall be paid by the employer where they gave birth in accordance with national regulations.
Q: If unexpected situations occur during pregnancy, such as premature birth or miscarriage, how will the collection of maternity allowance be affected?
Answer: Depending on the pregnancy situation, working women can enjoy different periods of maternity allowances. Enjoy 98 days of childbirth; Difficult childbirth, increase by 15 days; For those who have multiple births, for every additional baby born, an additional 15 days will be added. Those who have had a miscarriage before 4 months of pregnancy are entitled to 15 days; Those who have had a miscarriage after 4 months of pregnancy are entitled to 42 days. Those who comply with the relevant regulations on population and family planning in this city can also enjoy maternity allowances during their maternity leave.