Question: I work in the HR department of a company. Regarding the salary for female employees during their maternity and lactation leave, if a female employee has applied for maternity insurance from a social insurance fund, then her employer does not have to pay her salary during her maternity leave and only has to pay her social insurance. Is that correct? And after the normal maternity leave, can the female employee apply for lactation leave, and what shall her salary be during lactation leave?

Answer: Women whose Hukou is in Shanghai and who are eligible for maternity insurance can apply for maternity insurance directly from their district or county level social insurance institutions after giving birth to a baby.

According to the HLBFF (2002) No. 18 female employees who have received their maternity compensation during maternity leave will not receive a salary from their employers. If the average monthly salary of the female employee is 300% higher than the average salary in Shanghai, the exceeding part will not be included in the calculation of her maternity insurance. If she has worked for the employer for less than one year, then the employer shall pay the insurance for her for this part of the year. The employer and female employee shall still pay their social insurance when receiving their maternity compensation. After the maternity period, with the permission of the employer, a female employee experiencing a legitimate difficulty may apply for a six-month lactation leave, and during this period of time her salary shall be no less than 80% of the original salary.