42. Provisions on Maternity Leave Wages in the New Labor Law
 There is no provision on maternity pay in the Labor Law. For maternity leave salary, please refer to the following contents.
 First of all, pay for maternity leave is different from maternity allowance.
 Maternity allowance: the living expenses paid to professional women who leave their posts due to childbirth according to national laws and regulations. The main body that bears maternity allowance for employees is the social security institution.
 Maternity Leave Salary: the salary paid by the enterprise to employees during their maternity leave. The main body that pays wages for employees is the employer.
 There are two ways of payment:
 1. The maternity allowance is equal to or greater than the maternity leave salary, and the enterprise no longer needs to pay salaries for employees repeatedly.
 2. Maternity allowance<maternity leave salary. The employer needs to make up the difference and pay it to the individual.
 1、 Legal provisions related to maternity leave
 Article 62 of the Labor Law of the People's Republic of China, female employees enjoy maternity leave of no less than 90 days after childbirth.
 Article 27 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests No unit may reduce the wages of female employees, dismiss female employees, or unilaterally terminate labor (employment) contracts or service agreements due to marriage, pregnancy, maternity leave, breastfeeding, etc. However, except for female employees who request to terminate labor (employment) contracts or service agreements.
 All units shall not discriminate against women on the grounds of sex when implementing the national retirement system.
 Article 7 of the Special Provisions on the Labor Protection of Female Employees, female employees are entitled to 98 days of maternity leave after childbirth, including 15 days of prenatal leave; In case of dystocia, 15 days of maternity leave shall be added; For multiple births, 15 days of maternity leave will be added for each additional baby.
 Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days of maternity leave; Those who miscarry after 4 months of pregnancy are entitled to 42 days of maternity leave.
 I hope the above information can help you. If you have other related questions, you can consult a professional lawyer.
 Social Insurance Law
 Article 56 In any of the following circumstances, employees may enjoy maternity allowances in accordance with State regulations:
 （1） Female employees enjoy maternity leave after childbirth;
 （2） Enjoy family planning surgery leave;
 （3） Other circumstances stipulated by laws and regulations.
 The maternity allowance shall be calculated and paid according to the average monthly salary of the employees of the employer in the previous year.
 Special Provisions on Labor Protection of Female Employees
 Article 8 The maternity allowance for female employees during maternity leave shall be paid from the maternity insurance fund according to the average monthly salary of the employees of the employing unit in the previous year, if they have participated in maternity insurance; For those who do not participate in maternity insurance, the employer shall pay them according to the standard of pre maternity wages of female employees.
 The medical expenses of female employees for childbirth or abortion shall be paid by the maternity insurance fund in accordance with the items and standards specified in the maternity insurance; The employer shall pay for those who have not participated in the maternity insurance.