[Direct answer]In the Beijing area, there is maternity leave, and eligible women also enjoy maternity insurance benefits. Article 7 of the "Special Regulations on Labor Protection for Female Employees" (State Council Decree No. 619, implemented on April 28, 2012) stipulates that female employees who miscarry before the fourth month of pregnancy are entitled to 15 days of maternity leave; those who miscarry after the fourth month of pregnancy are entitled to 42 days of maternity leave. During the maternity leave, the maternity allowance for those who have participated in maternity insurance 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 employee before the maternity leave. At the same time, the medical expenses for terminating pregnancy shall be paid by the maternity insurance fund or borne by the unit according to the corresponding standards. Therefore, miscarriage is not "without leave to take". Female employees can legally claim maternity leave and corresponding maternity benefits, and the specific standards shall be subject to the current regulations of the locality.

I. Problem Background and Typical Scenarios

After female employees terminate their pregnancies for various reasons, they often don't know whether they can take leave, what their benefits will be, or even that their employers may require them to handle the situation as sick leave or personal leave. Typical cases include: being denied leave after miscarrying in the early stages of pregnancy; having their salaries deducted or being treated as personal leave after miscarrying; and being required to provide unnecessary supporting documents. Female employees in Beijing can enjoy corresponding maternity leave and childbirth benefits in accordance with national and local regulations.

II. Key points of dispute

First, how is the number of days of maternity leave for miscarriage determined? It is determined based on the number of months of pregnancy. Second, does miscarriage fall within the scope of maternity insurance coverage, and how are medical expenses and allowances handled? Third, what certificates are required for taking leave, and can the employer request additional materials? Fourth, does taking leave due to miscarriage affect attendance, performance, and promotion? Fifth, what are the remedies available when the employer refuses to grant leave or reduces 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 on Labor Disputes and Female Employees' Rights**: - **Clear Time Frame**: Based on the duration of pregnancy, a woman who miscarries before four months is entitled to 15 days of maternity leave, while those who miscarry after four months receive 42 days of maternity leave. This is statutory maternity leave, not ordinary sick leave, and the employer cannot handle it as unpaid leave or sick leave. - **Benefit Protection**: For those covered by maternity insurance, the maternity allowance is paid by the maternity insurance fund based on the average monthly salary of the employee in the previous year. Uninsured employees are paid according to their pre-maternity leave salary standards. Medical expenses for termination of pregnancy can be reimbursed by the maternity insurance fund or covered by the employer, subject to local regulations. - **Evidence Requirements**: Generally, a termination of pregnancy certificate or medical records from a medical institution are required. Employers may not demand privacy information beyond what is necessary or harass female employees with such requests. - **Legal Remedies**: Employers cannot reduce wages or terminate labor contracts due to pregnancy termination. If denied leave, withheld wages, or treated as unpaid leave, female employees can retain application records, diagnosis certificates, and pay slips to file complaints with labor supervision authorities or initiate labor arbitration. - **Privacy Protection**: Miscarriage involves personal health privacy. Female employees can request the employer to limit the scope of information disclosure, and improper disclosure may constitute infringement. - **Overall Advice**: Female employees legally entitled to maternity leave and corresponding benefits. The key is to timely assert rights and provide necessary evidence. Henglue Lawyers typically assist in protecting female employees' rights by verifying leave entitlements and securing evidence.

IV. Practical suggestions and legal basis

Action suggestions: 1. Obtain a certificate of termination of pregnancy issued by a medical institution in a timely manner and submit a maternity leave application according to the unit's procedures; 2. Confirm the number of days of maternity leave: for miscarriages before 4 months, it is 15 days, and for miscarriages after 4 months, it is 42 days; 3. Pay attention to the payment subject of maternity allowances and medical expenses, and verify your own insurance status; 4. Keep the application records and salary payment records to prevent being treated as sick leave or unpaid leave; 5. If you encounter a refusal of approval or a pay cut, file a complaint or apply for labor arbitration in a timely manner. For matters involving labor arbitration and work-related injury compensation, you can refer to the relevant guidelines.Labor arbitration and work-related injury compensationFor matters involving personal rights and interests, you can refer to the following document for reference.Personal injury and medical disputesLegal basis: Article 7 and Article 8 of the "Special Provisions on the Labor Protection of Female Workers" (Decree No. 619 of the State Council, implemented on April 28, 2012), which concern maternity leave and maternity allowances. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, abortion is entitled to statutory maternity leave, not sick leave or leave of absence, and the employer shall not handle it arbitrarily. Secondly, the number of days is determined according to the length of pregnancy, which shall be based on the medical certificate. Thirdly, the payer of the maternity allowance and medical expenses depends on whether the employee is insured, so it should be verified in advance. Fourthly, attention should be paid to privacy protection. If the employer improperly discloses health information, it may constitute infringement. For matters involving the company's rules and regulations and contracts, you can refer to them for reference.Business and contract disputes in enterprisesFor matters involving the recovery and enforcement of creditor's rights, you may refer to the following for reference.Creditor's rights and debts, and enforcementFor other difficult matters, you can refer to the relevant materials for further guidance.Special services and other cases.

VI. Frequently Asked Questions

Q1: Is there maternity leave after a miscarriage? How many days is it?

Yes. Female employees who miscarry before they are four months pregnant are entitled to 15 days of maternity leave; those who miscarry after they are four months pregnant are entitled to 42 days of maternity leave. This leave is statutory maternity leave, and employers are not allowed to treat it as sick leave or vacation leave. The specific duration of the leave shall be determined based on the medical certificate and the actual length of the pregnancy.

Q2: Can I receive maternity allowance if I have an abortion?

Those who meet the requirements can do so. 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, subject to the local regulations and the insured status.

Q3: Can the medical expenses for an abortion be reimbursed?

It can be handled in accordance with the regulations. The medical expenses for female employees terminating pregnancies shall be paid by the maternity insurance fund or borne by the employing units in accordance with the corresponding standards. The specific reimbursement scope, rate, and processing procedures shall be subject to the local maternity insurance policies. It is recommended to keep the invoices and medical records materials.

Q4: What kind of proof is required to request a leave of absence?

Generally, you need to provide a certificate of termination of pregnancy or medical records issued by a medical institution. The unit shall not require the provision of privacy information beyond the necessary scope, nor shall it make things difficult for female employees. It is recommended to submit the application according to the unit's procedures and keep the approval records to avoid affecting the benefits due to procedural issues.

Q5: Does taking a miscarriage leave affect one's performance at work?

It should not be affected. Statutory maternity leave is a right that female employees are entitled to according to law. Employers shall not reduce the wages, deduct the performance bonuses, or affect the promotion evaluation of female employees because they take maternity leave. If they are treated unfairly for this reason, they can keep the evidence and file a complaint with the labor and social security supervision department or apply for labor arbitration.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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 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. In case of disputes, please consult a practicing lawyer in time.