Maternity benefit - Have you received the "labor insurance and maternity benefit" 

        In order to encourage childbearing and reduce the burden on parents, the government has launched a number of subsidy policies, among which "labor insurance childbirth benefit" is an indispensible welfare for working people. This issue of "Legal Column" specially collects common problems and relevant regulations of labor protection maternity benefit. I hope that all workers can apply easily and don't let their rights fall asleep!

I. no application beyond five years

Labor insurance provides maternity benefits for female insured, but the labor applying for maternity benefits must be born 280 days after the insurance or born prematurely 181 days after the insurance, which will not be affected by the change of unit. According to statistics, a total of 136900 people applied for maternity benefits last year, but there are still 24 overdue cases from January 2018 to April 2019.

Since the claim for maternity benefit is five years from the postpartum period, the Bureau of labor insurance considers that after the birth of a female insured, she is likely to be busy and forget to apply. Therefore, it will refer to the household registration data. As long as it is determined that the female insured has completed the birth registration of her child and is married, it will take the initiative to notify her when the child is one year old. In addition, one year before the expiration of the five-year claim for maternity benefit , that is, the child will be notified again when he or she is 4 years old. Not only that, every month, for the applicants who have received the state insurance maternity benefit, those who meet the requirements of the labor insurance maternity benefit at the same time and choose to receive the labor insurance maternity benefit are better, they will actively send a letter to inform them to choose to receive, so as to protect the best interests of the insured.

2. Single mother can also apply for

Maternity benefit is to provide the maternity allowance for female insured. Therefore, even if the child is born out of wedlock, the insured can still apply for it. As long as the original of the birth certificate is provided (the one who has gone through the birth registration is not required to attach), the application can be made. However, in order to avoid disputes or public troubles, even if there is birth registration, the labor insurance bureau will not take the initiative to remind the insured to pay more attention.

3. You can apply for birth registration at the same time or online

In recent years, the Ministry of labor has continued to simplify the application procedures for the convenience of the public. For example, the insured can apply on the Internet by themselves, without the need to apply for the birth certificate through the seal certificate of the insured unit, for those who have completed the birth registration, and for those who go to the household office to apply for the birth payment, so as to enhance the rights and interests of the insured to apply for the birth payment.

IV. SMS notice payment verification service

Since June 2016, the labor insurance bureau has launched the mobile phone SMS notification and payment verification service for maternity benefits of labor and agricultural insurance. If the mobile phone number is included in the maternity benefits application, the SMS will be sent on the day after the payment verification according to the mobile phone number filled in by the applicant to inform the insured that the maternity benefits have been approved.

V. male insured's spouse shall not apply for production

Before the implementation of the national health insurance, the labor insurance insurant or his / her spouse's production, regardless of the cost of birth inspection or production, is borne by the insured. Therefore, the labor insurance maternity payment not only provides one month's maternity allowance for the female insurant, but also provides one month's maternity fee. The male insurant's spouse can apply for production.

After the establishment of the health insurance, all the medical expenses for labor inspection and production are paid by the health insurance. Therefore, the labor insurance childbirth payment is cancelled. In other words, only the female insured can claim the birth subsidy for production. If the male insured's spouse produces, it cannot receive any childbirth payment. However, in order to encourage childbearing, since May 30, 2014, the labor insurance maternity benefit has been increased from one month to two months, and the proportion of more than two children has been increased.

Vi. production can only be carried out after the labor insurance is cancelled, and application can still be applied for if the following requirements are met

According to the labor insurance Ordinance amended and implemented on January 25, 2009, as long as the insured is pregnant during the period of validity of the insurance and meets the required number of insurance days (those who give birth after the insured has participated in the insurance for 280 days or those who give birth prematurely after the insured has participated in the insurance for 181 days), within one year after the expiration of the insurance, those who give birth or give birth prematurely due to the same pregnancy accident can still apply for maternity payment 。 It should be noted that the term "over 280 days" or "over 181 days" here refers to the total number of years that have participated in labor insurance before production of 280 days or 181 days, not the last additional insurance years before production. (source: Labor Insurance Bureau of the Ministry of labor, economic daily, Zhongshi electronic newspaper, Lianhe News Network)