[Direct answer]It consists of two parts: national statutory maternity leave and local childbirth leave. Article 7 of the "Special Regulations on Labor Protection for Female Workers" (Decree No. 619 of the State Council, implemented on April 28, 2012) stipulates that female workers shall enjoy 98 days of maternity leave, of which 15 days can be taken before delivery; in the case of difficult delivery, the maternity leave shall be extended by 15 days; and for multiple births, an additional 15 days of maternity leave shall be granted for each additional baby. On this basis, local regulations on population and family planning separately stipulate the extension of childbirth leave. For example, the "Regulations on Population and Family Planning of Beijing Municipality" (revised in 2021) stipulate maternity leave for women and paternity leave for men. The actual number of days off needs to be calculated by combining the national maternity leave and the local childbirth leave. Therefore, the number of maternity leave days should be determined based on the circumstances of childbirth (normal delivery, difficult delivery, multiple births) and local regulations. It is recommended to check the specific standards with the local human resources and social security department or the personnel department of the employing unit.

I. Problem background and typical scenarios

After becoming pregnant, female employees are most concerned about how long they can take maternity leave and what their salary will be during that period. Typical situations include: not understanding the differences between national maternity leave and local maternity leave; not knowing how to calculate the maternity leave when giving birth to multiple babies or having a difficult delivery; and only receiving a basic salary during the maternity leave and being required to return to work early. Female employees in Beijing can enjoy corresponding maternity leave and maternity benefits in accordance with national and local regulations.

II. Key points of contention

Firstly, how to calculate the combined number of days of statutory maternity leave at the national level and local maternity leave. Secondly, how to apply the additional days for difficult deliveries and multiple births. Thirdly, who pays the salary and maternity allowance during maternity leave, and what are the standards? Fourthly, whether maternity leave can be taken earlier or later, and how to arrange prenatal leave. Fifthly, what are the remedies when employers refuse to grant maternity leave or reduce benefits?

III. Professional analysis by Henglue Law Firm

Here's the translation of the Chinese text into English, with detailed explanations: 1. Practical Experience Tips from Henglue Lawyers in Labor Disputes - Composition of days: The 98 days of maternity leave stipulated by the state are the basic number. A 15-day prenatal leave can be taken; an additional 15-day leave is granted for difficult deliveries; and an additional 15-day leave is added for each additional baby in a multiple birth. Local population and family planning regulations may set additional maternity leave. For example, Beijing stipulates maternity leave for women and paternity leave for men. The actual number of days is equal to the national maternity leave plus the local maternity leave. Specific standards should follow the current local regulations. 2. Payment of benefits: During maternity leave, the maternity allowance for those who have joined maternity insurance is paid by the maternity insurance fund based on the average monthly salary of the employer's employees in the previous year; for those who have not joined maternity insurance, the employer pays based on the employee's pre-maternity leave salary. The higher of the two should be applied, subject to local regulations. 3. Breastfeeding and prenatal leave: For female employees breastfeeding infants under one year old, the employer should arrange one hour of breastfeeding time during daily working hours. For pregnant women undergoing prenatal checkups during working hours, the time required for this should be counted as working hours, and the employer may not deduct wages for this reason. 4. Rights protection: Employers may not reduce the wages of female employees due to pregnancy, childbirth, or breastfeeding, or arbitrarily terminate labor contracts. During pregnancy, childbirth, or breastfeeding periods, employers may not terminate labor contracts in accordance with Articles 40 and 41 of the Labor Contract Law. 5. Dispute resolution: For cases involving unapproved maternity leave, reduced benefits, or illegal terminations, rights can be claimed through negotiation, labor inspection complaints, labor arbitration, and litigation. Overall, the calculation of maternity leave days is the result of adding together the "national basic leave + local incentive leave + additional circumstances." In case of disputes, it's important to retain maternity certificates and communication records. Henglue Lawyers typically assist in protecting women's rights by first verifying applicable regulations and gathering fixed evidence.

IV. Practical suggestions and legal basis

Action suggestions: First, verify the combined number of days for national maternity leave and local maternity leave with the personnel department of the unit or the local human resources and social security department; Second, keep the medical certificate for maternity, the application for maternity leave, and the unit's approval records; Third, pay attention to the application for maternity allowance, and confirm whether it is paid by the maternity insurance fund or the unit; Fourth, if you are required to return to work early or have your benefits reduced during maternity leave, raise objections in time and keep evidence; Fifth, if you encounter refusal to grant maternity leave or illegal dismissal, apply for labor arbitration in time. For matters related to labor arbitration and work-related injury compensation, you can refer to the relevant provisions.Labor arbitration and work-related injury compensationFor matters involving the recovery and enforcement of creditor's rights, you may refer to the following for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 7, 8 and 9 of the "Special Regulations on Labor Protection for Female Employees" (Decree No. 619 of the State Council, implemented on April 28, 2012), and the provisions on maternity leave in the "Regulations on Population and Family Planning of Beijing Municipality" (revised in 2021). The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the number of days of maternity leave should be calculated by combining the national maternity leave with the local childbirth leave, rather than just looking at 98 days. Secondly, the additional days for difficult deliveries and multiple births should be claimed together. Thirdly, the subjects of payment for maternity allowances and maternity leave wages are different, and it is necessary to verify the insured status. Fourthly, employers shall not reduce the wages of pregnant women or arbitrarily terminate their contracts due to pregnancy and childbirth. For matters involving enterprise rules and contracts, reference can be made to relevant provisions.Business and contract disputes in enterprisesFor matters involving personal rights and interests, you can refer to the following for reference.Personal injury and medical disputesFor other difficult issues, you can refer to the relevant materials for further assistance.Special services and other cases.

VI. Frequently Asked Questions

Q1: How many days of maternity leave are there in total?

According to national regulations, female employees are entitled to 98 days of maternity leave, including 15 days of prenatal leave, an additional 15 days for difficult deliveries, and an additional 15 days for each additional baby in a multiple birth. In addition, local regulations on population and family planning also provide for maternity leave. The actual number of days should be calculated by combining the national maternity leave with the local maternity leave, and the current local regulations shall prevail.

Q2: How is the salary paid during maternity leave?

For those who have participated in maternity insurance, the maternity allowance during the maternity leave shall be paid by the maternity insurance fund according to the average monthly salary of the employees of the employing unit in the previous year; for those who have not participated in maternity insurance, the maternity allowance shall be paid by the employing unit according to the salary of the female employees before the maternity leave. The specific application and supplementation of the difference shall be subject to local regulations.

Q3: Can I take maternity leave in advance before giving birth?

It is possible to take maternity leave in advance under certain conditions. According to national regulations, pregnant women can take 15 days of prenatal leave before giving birth. The specific arrangements can be determined through consultation with the employer and followed by the necessary procedures. Additionally, the time spent by pregnant women on prenatal checkups during working hours is counted as working time. Employers are not allowed to deduct wages or treat it as absenteeism on this basis.

Q4: How long can one take maternity leave for difficult deliveries or multiple births?

For difficult deliveries, the maternity leave shall be extended by 15 days; for multiple births, the maternity leave shall be extended by 15 days for each additional baby. The above-mentioned additional days shall be added to the national statutory maternity leave, and the actual number of days off shall be calculated based on the local maternity leave policy. The number of days off shall be determined based on the medical certificate of childbirth and the actual circumstances of childbirth.

Q5: What should I do if my employer refuses to grant me maternity leave?

You can first communicate with your employer and keep a record of your maternity leave application, clarifying the legal basis. If no agreement can be reached, you can file a complaint with the labor supervision department or apply for labor arbitration to claim corresponding benefits. If you are illegally dismissed or have your salary reduced due to maternity leave, you can also claim compensation, which shall be subject to the provisions of the law and the arbitration award.

The above answer is based on the judicial practice in Beijing. The adjudicative guidelines in other provinces and cities may differ. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.