Illegal child can take maternity leave

Miss Wang and her boyfriend love for many years, a few months ago, found herself pregnant. Taking into account that they have over 30, and her boyfriend decided the baby. So the company maternity leave and asked about how to handle the maternity insurance, but the director said not married, not entitled to maternity leave and maternity insurance benefits, the company also to unmarried pregnancy in violation of state family planning policy is lifted with Miss Wang of the labor contract.

Female worker "the provisions of the labor law and labor contract law of the three stages" protection, is pregnant, birth facts as the premise, and no provisions must be married pregnant is the "pregnancy". Single or more are required to give the corresponding power. Enterprises should do is give corresponding to labor protection of pregnant women. Fertility is legitimate, this is not a business decision, any enterprise without the power to deprive women.
The female worker is unmarried, enterprises can not to unmarried pregnancy refused the maternity leave, but not so as to terminate the labor contract. But needs attention is, "maternity leave" and "maternity leave" are two different concepts, speaking for the female workers pregnant, they are entitled to maternity leave, but can not enjoy relevant treatment during maternity leave. The provisions of article fifteenth "female worker labor protection regulations": "female workers in violation of relevant state family planning regulations, the labor protection shall be handled in accordance with the relevant planning regulations of the state, the provisions do not apply." "Shanghai city population and family planning regulations" provisions of article forty-third, in violation of the regulation to the children of citizens, childbirth in hospital and medical expenses themselves, do not enjoy the maternity insurance and maternity leave period wages. For Miss Wang situation as long as its before birth certificate of marriage, and for the "Zhunshengzheng" does not belong to violate the family planning policy, can enjoy maternity leave treatment.
For pregnant female workers, in addition to maternity leave, there is a right also don't ignore, that is the antenatal examination leave. According to the "thirteenth way" protection of female workers in Shanghai City stipulates: "female workers during pregnancy health care institutions agreed in the labor time for prenatal examination (including pregnancy within twelve weeks of investigation), should be counted as working time."