Can I take maternity leave 3 months in advance?

Maternity leave is a law in our country that ensures women have the right to control their pregnancy. Employers cannot dismiss women during pregnancy, and the maternity leave is paid annual leave! Generally, you can apply for leave about 15 days before the due date. So, can maternity leave be taken 2 months in advance? The following editor will give you a detailed introduction on how to take maternity leave.

Can maternity leave be taken 2 months earlier?

There is no definite right time for you to stop working and start maternity leave. It depends largely on your health, work progress during pregnancy, and work pressure and your own tolerance. The business situation at home is also a factor in the decision. The sooner you take maternity leave, the sooner you can return to work after the new baby is born. So, when does maternity leave start? Can maternity leave be taken two months in advance? There are mainly two situations for maternity leave:

First, it is based on our country's laws and regulations.

Article 7 of the Special Provisions on Labor Protection for Female Employees provides that pregnant female workers are entitled to 98 days of maternity leave, including 15 days of pre-delivery leave; if a pregnant woman has a difficult delivery, the maternity leave will be extended by 15 days; if a pregnant woman gives birth to twins, the maternity leave will be extended by 15 days for each additional baby. If a female worker has a miscarriage before the fourth month of pregnancy, she is entitled to 15 days of maternity leave; if she has a miscarriage after the fourth month of pregnancy, she is entitled to 42 days of maternity leave.

The second is based on your own situation.

If the pregnancy check-up is normal and the job is not strenuous, difficult or has poor standards, you can stop working about a week before the due date and rest and give birth at home, or you can even continue working until the due date.

If your work is relatively light, it is not too late to rest even if you experience labor symptoms during work. However, pregnant women should rest early if they engage in the following jobs that may cause miscarriage, premature birth, fetal malformations, and other serious threats to the health of mother and fetus. Pregnant women can negotiate with their employers on how early to take maternity leave.

Do you have maternity leave outside the family planning policy?

You can enjoy maternity leave, but you cannot enjoy the relevant salary and benefits during the maternity leave. Here we need to distinguish between the two different definitions of maternity leave and maternity leave salary and benefits.

Maternity leave for women is stipulated by law. Regardless of whether the pregnancy complies with the current family planning policy, the company should grant the employee's request for maternity leave without reason. The state stipulates 90 days of maternity leave in order to ensure that pregnant women can recover their physical and mental health. Entitlement to maternity leave is not a prerequisite for complying with the family planning policy. As long as there is the objective fact of childbirth, one should enjoy 90 days of maternity leave.

However, if you violate the family planning policy, you cannot enjoy the relevant benefits during the maternity leave like employees who comply with the family planning policy, including examination fees, delivery fees, medical expenses, medicine and medical expenses, maternity insurance and maternity leave pay during the maternity leave. What labor benefits do pregnant women have:

1. Employers cannot assign female workers to work in the third-level labor efficiency stipulated by the state during pregnancy or in the labor that is taboo to work during pregnancy;

2. During the period of breastfeeding, the unit to which the female worker belongs shall not assign her to work in the third-level labor efficiency stipulated by the state or in the labor that is prohibited during breastfeeding;