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Jiang is engaged in nursing work in a hospital. Since June 2019, the hospital has been unable to operate normally due to water and power outages, and Jiang's salary since June has not been paid. In September, Jiang gave birth to a daughter, and the social insurance department paid Jiang's maternity allowance to the hospital, but the hospital did not pay it. On December 30, the hospital issued a notice to Jiang, stating that the hospital could not operate normally and terminated the labor contract between the two parties, confirming that the termination time was January 31, 2020. On May 22, 2020, Jiang submitted an application for resignation on the grounds that the hospital had not paid his salary in full, and the hospital handled the procedures for Jiang to retire. Jiang applied for arbitration, demanding that the hospital pay wages, economic compensation, and maternity allowances, but the arbitration institution did not accept it. Jiang then sued the court.
The court ruled in favor of all of Jiang's claims.
Maternity insurance benefits include maternity medical expenses, maternity allowance and one-time nutrition allowance. This case mainly concerns the issue of maternity allowance for female employees during maternity leave. The first paragraph of Article 18 of the Provisions on Maternity Insurance for Employees of Jiangsu Province clearly stipulates that maternity allowance is the salary compensation obtained by employees during the period of maternity leave or family planning surgery leave in accordance with relevant national and provincial regulations. After receiving the maternity allowance issued by the social insurance department, the hospital shall pay it to Jiang in a timely manner, and shall not refuse to pay it on the grounds of suspension of business. In addition, if the employer suspends work, production or business for reasons not attributable to the employee, it shall still pay wages to the employee, and if the employer does not arrange for the employee to work for more than one wage payment cycle, it shall pay the employee's living expenses at a rate not lower than 80% of the local minimum wage.
Maternity allowance vs maternity pay
Maternity allowance is a living allowance given by the state for female employees to enjoy maternity leave stipulated by the state, which is paid by the social security institution to the employer, and then paid by the employer to the employee. The maternity allowance requires the employer to participate in maternity insurance.
Maternity leave pay is the salary paid by the employer to the employee on maternity leave, and the employer pays it directly to the employee without participating in maternity insurance. For those who have not participated in maternity insurance, the employer shall pay the salary of the female employee before the maternity leave.
The standard of payment of maternity allowance
The maternity allowance is paid "as high as it is low", and the maternity allowance includes maternity leave pay. Maternity allowance for employees is not subject to individual income tax.
If the maternity allowance is lower than the personal salary standard that the employee should enjoy during the maternity leave, the employer must make up the difference
If the maternity allowance is higher than the individual's salary standard during the maternity leave, the employer must pay it to the individual in full.