Regarding this issue, Article 31 of the 2014 Law on Social Insurance stipulates:
“1. Employees are entitled to maternity benefits when they fall into one of the following cases:
a) Pregnant female workers;
b) Female workers giving birth;
c) Female workers who are surrogate mothers and mothers who request surrogacy;
d) Employees adopting children under 6 months old;
d) Female workers using IUDs, workers undergoing sterilization;
e) Male employees who are paying social insurance and whose wives give birth to children.
Employees specified in Points b, c and d, Clause 1 of this Article must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child.
Employees specified in Point b, Clause 1 of this Article who have paid social insurance for 12 months or more and must take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility must pay social insurance for 3 months or more within the 12 months before giving birth.
Female employees who give birth and meet the conditions for maternity benefits as above but quit their jobs (terminate their labor contracts, work contracts or quit their jobs) before giving birth are still entitled to maternity benefits as prescribed.
Compared with the above regulations, employees giving birth to their third, fourth or fifth child... as long as they pay social insurance according to regulations, they will still enjoy normal maternity benefits.
Maternity leave for female employees when giving birth:
Maternity benefits for female employees giving birth include 4 items: Leave for prenatal check-ups, one-time allowance upon childbirth, maternity allowance during childbirth, and postnatal care allowance.
The level of maternity benefits is high or low depending on the salary of female employees participating in social insurance. The monthly benefit is calculated as 100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave. In case the employee has paid social insurance for less than 6 months, the maternity benefit is the average monthly salary of the months for which social insurance has been paid.
Based on the monthly maternity benefit level of the employee, the Social Insurance agency will calculate the daily benefit level. The maternity benefit will be multiplied by the number of days the maternity benefit lasts.
Firstly, the leave allowance for prenatal check-ups is stipulated in Article 32 of the 2014 Law on Social Insurance.
Accordingly, during pregnancy, female workers are allowed to take 5 days off to go for prenatal check-ups, 1 day each time.
There are 3 cases in which pregnant women are entitled to 2 days off for each prenatal examination: female workers living far from medical examination and treatment facilities; pregnant women with medical conditions; abnormal pregnancy.
Thus, during pregnancy, female workers can receive at least 5 days of pay and at most 10 days of pay for prenatal check-ups. The benefit for 1 day is calculated by dividing the monthly maternity benefit by 24 days.
Second, the one-time allowance upon childbirth is stipulated in Article 38 of the 2014 Law on Social Insurance.
Accordingly, female workers giving birth are given a one-time subsidy for each child equal to 2 times the basic salary in the month the female worker gives birth. Thus, female workers giving birth are given a one-time subsidy of 3.6 million VND for each child born.
Third, maternity benefits during childbirth are regulated in Article 34 of the Social Insurance Law 2014. Accordingly, when giving birth, female employees can choose to take maternity leave before giving birth for a maximum of 2 months. The maternity leave period is 6 months (including the time off before and after giving birth).
In case a female employee gives birth to multiple children during the same pregnancy, from the second child onwards, for each child, the mother is entitled to an additional month of leave.
Thus, maternity benefits during childbirth for female employees are 6 months of monthly salary for social insurance contributions before taking maternity leave. In case of multiple births, from the second child onwards, for each child, the mother is entitled to an additional month.
For female employees whose child dies after giving birth, the period of maternity benefits when the child dies after giving birth according to Clause 3, Article 34 of the 2014 Law on Social Insurance is as follows:
In case after giving birth, if the child under 2 months old dies, the mother is entitled to 4 months off work from the date of giving birth;
If a child aged 2 months or older dies, the mother is entitled to 2 months off work from the date of the child's death, but the time off work to enjoy maternity benefits must not exceed 6 months before and after giving birth;
Fourth, postpartum care allowance is stipulated in Article 41 of the 2014 Law on Social Insurance.
Clause 1, Article 41 stipulates that female employees, immediately after the maternity leave period, within the first 30 working days, if their health has not recovered, are entitled to 5-10 days off to recuperate and recover their health.
According to Clause 2, Article 41, the time for recuperation and health recovery is stipulated as follows: Maximum 10 days for female workers giving birth to 2 or more children at once; maximum 7 days for female workers giving birth by surgery; maximum 5 days for other cases.
Clause 3, Article 41 stipulates that the level of benefit for recuperation and health recovery after giving birth per day is calculated at 30% of the basic salary, which is 540,000 VND.
Minh Hoa (t/h)
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