Postpartum care regimen every woman needs to know

Ms. Hang is on maternity leave and has just received her maternity allowance. Ms. Hang heard that female workers who give birth, in addition to maternity allowance, also receive post-natal care allowance.

She asked: "When will the post-cesarean care allowance be paid?"

Not all female workers who give birth are entitled to maternity leave (Illustration: PN).

According to Vietnam Social Security (VSS), Article 41 of the 2014 Law on Social Insurance stipulates that female employees, immediately after the maternity leave period when giving birth, within the first 30 working days, if their health has not recovered, are entitled to rest and recuperate from 5 to 10 days.

For each day of rest, employees will receive 30% of their base salary (currently equivalent to VND 540,000/day).

The number of days of leave for recuperation and health recovery shall be decided by the employer and the Executive Board of the grassroots trade union. In case the employer has not yet established a grassroots trade union, it shall be decided by the employer.

The time to settle the postpartum convalescence regime is stipulated in Article 103 of the 2014 Law on Social Insurance.

Accordingly, within 10 days from the date the employee is eligible for health care and recovery benefits after illness or maternity, the employer must make a list and submit it to the Social Insurance agency.

Within 10 days from the date of receiving the complete application as prescribed, the Social Insurance Agency shall be responsible for resolving and organizing payment to the employee. In case of non-resolution, a written response must be provided stating the reason.

According to Vietnam Social Security, based on the above regulations, Ms. Hang's case is that she is on maternity leave and is not eligible for post-natal health recovery benefits.

The Social Insurance Agency said: "After the end of the maternity leave period as prescribed, within the first 30 working days if your health has not recovered, you are entitled to rest and recuperate. The number of days of rest and recuperation for you will be decided by the employer and the Executive Committee of the grassroots trade union according to the above regulations."

Thus, the regime of recuperation and health recovery after giving birth is only for female employees who are still under labor contract and are on maternity leave, within the first 30 days of returning to work after enjoying all maternity benefits but their health has not recovered.

In case a female employee returns to work before the end of her maternity leave, she will not be entitled to post-natal care leave.

The reason is that female employees return to work before the end of their maternity leave, which has been confirmed by a medical facility as being in good health to work, and not meeting the conditions for recuperation.

Source: https://dantri.com.vn/an-sinh/che-do-duong-suc-sau-sinh-moi-phu-nu-can-biet-20240510060556770.htm