Research On The Maternity Leave System

Under the background of the increasingly prominent seriousness of population aging in China,in order to cope with and alleviate the problem of the declining birth rate of newborn children and the increasing proportion of aging population,China has started to implement the policy of two-child policy to promote fertility.The implementation of this policy requires the establishment and improvement of paternity leave and parental leave in order to strengthen the protection of the family.Through the analysis of foreign experience in maternity leave,paternity leave and parental leave,founded that these three types of vacations have different functions during the reproductive stage,the parental leave is a holiday for the newborn mother after the woman’s maternity leave or the newborn father at the beginning of the maternity leave.China’s reproduction leave system is mainly composed of maternity leave,maternity incentive maternity leave and male paternity leave,although China’s maternity leave’s system ranks among the top in the world in terms of vacation days,maternity leave salary subsidies and maternity medical expenses,there are still lack of parental leave could not form a complete reproduction leave system;local rules and regulations about birth allowance amount has a huge difference;the legislation focuses on protecting the reproductive rights of female workers ignored that the newborn infants should be cared for by both parents and the responsibility for taking care of infants and young children shall be shared by both father and mother;the rights and interests of male laborers on reproduction leave are not specified;maternity insurance should be improved and other issues.Secondly through the analysis of the foreign experience in the reproduction leave system with its legislative background and evolution,summarizes the enlightenment of constructing and perfecting the reproduction leave system in China,which are when making the reproduction leave,we should pay attention to balance family autonomy and state intervention;and the system of reproduction leave should be applied flexibly in addition to being mandatory by law.Last but not least,through drawing lessons from foreign advanced experience,and combined with the actual conditions in China,the author puts forward the following suggestions on the construction and improvement of China’s reproduction leave system,the legislative value orientation of formulating the maternity leave system in China should be clearly promoted,on the basis of protecting women’s reproductive rights and interests,we should increase the protection that newborn children can receive care from both parents and make it clear that both parents share the right to maternity leave and laws should be adopted to improve the family distribution of reproductive responsibility and ensure that the responsibility should be borne by the family,the government and the enterprise,change the current situation,most of the responsibility for childbearing is borne by families and employers;adjust the current system of maternity leave and male-only paternity leave in light of the situation of second child birth;by making it clear that parents should share parental leave,child leave is subject to a quota system,standard parenting leave applicable standards to establish and improve China’s parenting leave system;at the same time,we should improve the maternity leave insurance system,the supervision of reproduction leave system and the accountability system to form a complete reproduction leave system.