Maternity Leave Benefits Dispute Involving a Female Employee at a Trading Company in Xiamen

Case Summary

Plaintiff Li joined Defendant Xiamen Certain Trading Co., Ltd. on 2022/6/1 as an Administrative Supervisor under a written employment contract with a monthly salary of 12000 yuan. The defendant provided social insurance for the plaintiff. On 2024/1/15, the plaintiff gave birth to a son and was entitled to 158 days of maternity leave. During this period, the defendant paid the plaintiff only at Xiamen's minimum wage standard of 2030 yuan/month, rather than her regular salary rate. After returning from maternity leave, the plaintiff repeatedly requested the defendant to make up the salary difference, but the defendant refused. Consequently, the plaintiff filed a lawsuit seeking payment of the maternity leave salary difference amounting to 52680 yuan.

Key Dispute

1.Should the defendant pay maternity leave wages to the plaintiff based on their normal wage standard?

2.Whether the calculation base and amount claimed by the plaintiff for maternity leave wage differences comply with legal requirements.

3.Is it legal for the defendant to pay maternity leave wages based on the minimum wage standard?

Case Strategy

1.Core evidence: fixed-term written labor contracts, payroll records, social security contribution statements, proof of childbirth, maternity leave approval records, and communication logs between both parties.

2.The plaintiff has provided evidence proving entitlement to 158 days of maternity leave in accordance with the law. During this period, the defendant paid wages solely based on Xiamen's minimum wage standard of 2030 yuan/month, failing to pay according to the plaintiff's regular salary rate.

3.In accordance with the "Special Provisions on Labor Protection of Female Employees," maternity allowance during maternity leave for female employees who have participated in the employee maternity insurance scheme shall be paid by the maternity insurance fund based on the average monthly salary of all employees of the employing unit from the previous year.

4.For those not covered by maternity insurance, the employer shall pay in accordance with the wage standard prior to the female employee's maternity leave.

5.Calculate the difference in maternity leave wages claimed by the plaintiff. The plaintiff's monthly salary before maternity leave was 12000 yuan, totaling 63200 yuan for 158 days of maternity leave. The defendant has already paid 10520 yuan, leaving a difference of 52680 yuan, which complies with legal requirements.

Processing Result

The court ruled that Defendant Xiamen [Company Name] Trading Co., Ltd. shall pay Plaintiff Li the wage difference for the maternity leave period of 52680 yuan within ten days from the effective date of this judgment, and bear all litigation costs of this case.

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