[Direct answer]In principle, it is the same. After the adjustment of the birth policy, couples who give birth to children in accordance with the law enjoy the same rights and benefits in terms of maternity leave, maternity insurance benefits, and employment protection. The 98 days of maternity leave stipulated in the "Special Regulations on Labor Protection for Female Employees" (Decree No. 619 of the State Council, implemented on April 28, 2012), the additional days for difficult deliveries and multiple births, and the payment rules for maternity allowances also apply to female employees who give birth to their second child; the maternity leave and paternity leave stipulated in the local regulations on population and family planning also apply to those who give birth to their second child in accordance with the law. Employers are not allowed to reduce the wages, adjust the positions, or terminate the labor contracts of female employees who give birth to their second child. If the unit discriminates against them on the grounds of giving birth to a second child, the female employees can claim their rights according to the law. The specific number of days and benefit standards shall still be subject to the current regulations of the locality.

I. Problem background and typical scenarios

Female employees who have already had two children or plan to have more children often worry about short maternity leave, poor treatment, and even being discriminated against by their employers. Typical situations include: employers refusing to grant maternity leave or shortening the leave period on the grounds of having a second child; delaying or reducing the application for maternity allowances; and transferring or reducing the salary after giving birth. In Beijing, the maternity support policies are relatively clear, and female employees who have had two children can enjoy corresponding benefits according to the regulations.

II. Key points of contention

First, whether the length of maternity leave for the second child is consistent with that for the first child, and whether the local maternity leave policy applies equally to both. Second, whether the maternity insurance benefits and allowance standards are the same. Third, whether the employer can adjust the employee's position or reduce their benefits on the grounds of having a second child. Fourth, whether the same benefits apply to having three or more children. Fifth, the means of providing evidence and seeking remedies when encountering discriminatory treatment.

III. Professional analysis by Henglue Law Firm

Here's the translation of the text into English, with detailed explanations: Henglue Lawyers Offer Four Practical Tips for Labor Disputes First, equal treatment is the principle: Birth policies have been liberalized according to law. Having a second or third child is legally recognized, and maternity leave, maternity insurance benefits, and employment protection should not differ based on the number of children. National maternity leave and local birth leave policies apply equally, and the calculation standards for maternity allowances are the same. Second, linking allowances to wages: For those enrolled in maternity insurance, allowances are paid by the maternity insurance fund based on the average monthly wage of the employer's employees in the previous year; for those not enrolled, employers must pay according to the pre-maternity leave wage standard. If the allowances are lower than the pre-maternity leave wage, some regions require employers to make up the difference, subject to local regulations. Third, employment protection: During pregnancy, maternity leave, and breastfeeding periods, employers may not terminate labor contracts in accordance with Articles 40 and 41 of the Labor Contract Law; if the contract expires, it should be extended until the corresponding circumstances cease to exist; and employers may not reduce wages or arbitrarily adjust positions due to childbirth. Fourth, addressing discriminatory treatment: If employers refuse leave, reduce wages, or transfer positions based on having a second child, female employees should retain application records, pay slips, and communication evidence, file complaints with labor supervision authorities, or initiate labor arbitration to claim restoration of benefits and compensation. Fifth, policy coordination: Different regions have varying requirements for maternity leave duration, allowance supplementation, and application materials. It is recommended to refer to local human resources departments and current regulations. Overall, second-child female employees legally enjoy the same rights as first-child employees, and discriminatory treatment lacks legal basis. Henglue Lawyers typically assist in protecting women's rights by verifying applicable regulations and securing evidence.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, verify the number of days of maternity leave and the subsidy standard for having a second child with the personnel department of the unit or the local human resources and social security department, and confirm that they are consistent with those for having a first child; Second, submit the birth medical certificate and the application for maternity leave in accordance with the regulations, and keep the approval records; Third, pay attention to the application for maternity subsidies, confirm the issuing entity and the amount, and claim the supplementary difference if necessary; Fourth, if you encounter a pay cut, a job transfer, or a dismissal, keep the evidence and file a complaint or apply for arbitration in time; Fifth, verify the application of local maternity leave and paternity leave with the local human resources and social security department. For cases involving 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 documents for reference:Creditor's rights and debts, and enforcementLegal basis: The "Special Provisions on the Labor Protection of Female Employees" (Decree No. 619 of the State Council, implemented on April 28, 2012), the provisions on special protection for female employees in the "Labor Contract Law of the People's Republic of China" (amended in 2012), and the provisions on maternity leave in the "Regulations on Population and Family Planning of Beijing Municipality" (amended in 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, the maternity leave and benefits for the second child are in principle the same as those for the first child, with no difference based on the number of children. Second, if the allowance is lower than the pre-maternity leave salary, check whether there are local regulations to make up for the difference. Third, the employer shall not reduce the salary, transfer the job, or terminate the contract of the employee due to the birth of the second child. Fourth, if there is any discriminatory treatment, the employee should keep the evidence and claim their rights in a timely manner to avoid losing their benefits due to delay. For issues related to the company's rules and contracts, you can refer to the relevant provisions.Business and contract disputes in enterprisesFor matters involving personal rights and interests, you can refer to the following document for reference.Personal injury and medical disputesFor other difficult matters, you can refer to the following for referenceSpecial services and other cases.

VI. Frequently Asked Questions

Q1: Is the maternity leave for a second child the same as that for the first child?

In principle, it's the same. For the second child born in accordance with the law, the national maternity leave and local childbirth leave still apply. The additional days for difficult delivery and multiple births also apply, and the number of days will not be reduced due to the number of children. The specific number of days shall be subject to the current regulations of the locality, and you can check with the local human resources and social security department or the personnel department of your unit.

Q2: Will the maternity allowance for the second child be lower?

It will not be reduced due to having a second child. The maternity allowance is paid by the maternity insurance fund according to the average monthly salary of the employees of the employing unit in the previous year, and the calculation rules are the same as those for one child; for those who are not insured, the unit shall pay according to the salary standard before maternity leave. If the local regulations stipulate that the allowance is lower than the salary, the difference can be claimed together.

Q3: Is it reasonable for the company to only grant 98 days of maternity leave for a second child?

This might not be reasonable. In addition to the maternity leave stipulated by the state, the local regulations on population and family planning also provide for maternity leave, which also applies to having a second child. If the unit only calculates the maternity leave based on 98 days without adding the local maternity leave, it may not comply with the regulations. You can ask them to explain the basis for this and verify it with the local human resources and social security department.

Q4: Do those who give birth to a third child also enjoy the same benefits?

Children born in accordance with the law generally enjoy the same maternity leave and maternity insurance benefits. Three-child families are usually subject to the same protection and local maternity leave regulations. However, there may be differences in the specific arrangements for maternity leave across different regions. It is recommended to refer to the current regulations in your local area and the guidelines issued by the human resources and social security departments for accurate information.

Q5: What should I do if I'm demoted and have my salary reduced due to having a second child?

You can protect your rights according to law. Employers are not allowed to reduce the wages of female employees or arbitrarily adjust their positions due to childbirth. You can first communicate with the employer and keep evidence, then file a complaint with the labor supervision department or apply for labor arbitration to claim the restoration of benefits. If it constitutes an illegal dismissal, you can also claim corresponding compensation, which shall be subject to the arbitration award.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 public 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.