Can Abortion Enjoy Maternity Leave Treatment?

The factory gave her a month's maternity leave and only paid 50% of her salary.

She was given full wages and reimbursed for medical expenses, but the factory believed that Xiao Li was aborted, not born, and could not give birth treatment according to the contract provisions, so the two sides had a dispute.

Treatment has been stipulated, but the issue of abortion treatment has not been expressly provided, but this does not mean that abortion is not a category of maternity leave treatment.

In September 4, 1988, the Ministry of labor's first circular on the issue of maternity benefits for female workers stipulates: "when a female worker is pregnant for less than 4 months, she should give 15-30 days of maternity leave according to the opinions of the medical department, and give 42 days of maternity leave when she has been pregnant for more than 4 months.

During the period of maternity leave, the wages are taken care of. "

The seventh provision of the trial method: "after the birth or abortion of the female workers, the family planning certificate issued by the local family planning department or the certificate of birth, death or miscarriage of the child shall be handled by the local family planning department or the local enterprise, and the local social insurance agency shall go through the formalities, receive the maternity allowance and reimburse the childbirth medical expenses."

Accordingly, the factory's practice is wrong. The factory must give Xiao Li full wages, grant maternity allowances, and reimburse medical expenses.