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How many days of maternity leave does the state stipulate for the second child in 2022
Time:2025-08-28 Views:1021
For a second child, the maternity leave is 30 days less than that for the first child
According to the "Special Provisions on the Labor Protection of Female Employees" issued by The State Council, female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before the delivery. For difficult labor, an additional 15 days of maternity leave will be granted. For those who give birth to multiple babies, an additional 15 days of maternity leave will be granted for each additional baby. Then, can those who have a second child as an only child in accordance with the policy also enjoy the late childbearing leave? A responsible person from the family planning department stated that the late childbearing leave can only be enjoyed once. Whether it is a "double only child" or a "single only child" who has a second child, there will no longer be late childbearing leave. That is, the woman's 98-day maternity leave will not be extended by 30 days. Similarly, the man no longer has care leave either.
No matter which child you have, as long as you comply with the family planning policy and have a "birth permit", the expenses can be reimbursed, and the reimbursement standards are the same. According to the current maternity insurance policy, female employees who meet the provisions of the family planning policy can have their maternity expenses reimbursed when they give birth or undergo family planning surgeries, as long as their employers have participated in maternity insurance for them and have continuously and normally paid the maternity insurance premiums for at least 10 months. Although they can also enjoy maternity benefits, since maternity benefits are linked to the duration of maternity leave, this means that female employees who give birth to a second child will receive 30 fewer days of benefits.
The 60-day late childbearing leave is a reward, but it cannot be enjoyed for the second child. Therefore, in general, there is maternity leave for the second child, but the number of days is less than that for the first child.
During maternity leave, one is entitled to maternity living allowances and subsidies for maternity medical expenses in accordance with the law. The monthly maternity living allowance standard is the contribution base of the urban endowment insurance premium for the month when the individual gives birth or has an abortion. If the contribution base of the current month is lower than the average monthly salary of all employees in the city of the previous year, it shall be calculated based on the average monthly salary of all employees in the city of the previous year. If the individual's salary standard is higher than the social insurance payment standard, the excess portion should still be made up by the employer.
The above is the information collected by the editor of Faneng Law Firm regarding the number of days of maternity leave for the second child in 2022 as stipulated by the state. For the second child, the maternity leave is 30 days less than that for the first child. According to the "Special Provisions on the Protection of Female Employees' Labor Rights" issued by The State Council: Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before the delivery. For those with difficult labor, an additional 15 days of maternity leave will be granted. If you have any other questions, please feel free to consult the lawyers of Fan Neng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.