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Social insurance benefits during maternity leave bring many important benefits to female workers during pregnancy and childbirth. This benefit helps ensure a stable income when employees have to take time off to take care of their health, thereby reducing the financial burden on their families. In addition, this regime also supports medical examination and treatment costs, helping female workers feel more secure about their health and that of their children during this important period.
Pursuant to Clause 1, Article 34 of the Law on Social Insurance 2014, the maternity benefit period before and after giving birth is 6 months for female employees giving birth. In case a female employee gives birth to twins or more, for each child, the mother is entitled to an additional month of leave.
As for male employees who pay social insurance, the maternity benefit period will be more flexible, specifically 5, 7, 10, 14 working days or until the child is 6 months old.
Subjects entitled to maternity benefits are employees according to the provisions of Clause 1, Article 30, Points a, b, c, d, đ and h, Clause 1, Article 2 of the Law on Social Insurance 2014, specifically:
Pursuant to Article 31 of the Law on Social Insurance 2014, Article 9 of Circular 59/2015/TT-BLDTBXH (amended and supplemented by Clause 5, Article 1 of Circular 06/2021/TT-BLDTBXH), conditions for enjoying benefits maternity is:
Employees specified in Points b, c and d, Clause 1, Article 31 of the Law on Social Insurance 2014 must pay social insurance for 6 months or more within the 12 months before giving birth or adopting a child.
Employees specified in Point b, Clause 1, Article 31 of the Law on Social Insurance 2014 who have paid social insurance for 12 months or more but when pregnant must quit work to take care of the pregnancy as prescribed by the medical examination and treatment facility. If you have a medical condition, you must pay social insurance for 3 months or more within 12 months before giving birth.
Employees who meet the conditions specified in Clauses 2 and 3, Article 31, but terminate their labor contract, employment contract or quit their job before giving birth or adopting a child under 6 months of age, will still be entitled to maternity leave benefits according to the provisions of Articles 34, 36, 38 and Clause 1, Article 39 of the 2014 Law on Social Insurance 2014.
The level of leave benefits for prenatal check-up days is calculated according to Clause 1, Article 39 of the Law on Social Insurance 2014:
From the above regulations, the formula for calculating maternity pay for prenatal check-ups is as follows:
Maternity pay = Number of days off x (100% of average monthly salary paid for social insurance of 06 months before taking leave for a prenatal check-up/24)
The one-time allowance for giving birth according to Article 38 of the Law on Social Insurance 2014 is as follows:
From the above regulations, the one-time allowance when giving birth = 2,340,000 x 02 = 4,680,000 VND.
In case the employee has paid social insurance for less than 6 months, the maternity benefit level is the average monthly salary of the months for which social insurance has been paid;
Maternity pay = Number of days off x (100% of average monthly salary paid for social insurance of 06 months before leave /24).
Pursuant to Clauses 2 to 6, Article 34 and Clause 1, Article 39 of the 2014 Law on Social Insurance (guided by Circular 59/2015/TT-BLDTBXH), the husband’s maternity benefits are prescribed as follows:
In case only the mother participates in social insurance and the mother dies after giving birth, the father or direct caregiver is entitled to maternity benefits for the mother’s remaining time:
In case only the mother participates in social insurance but is not eligible for maternity benefits when giving birth and dies, the father or direct caregiver is entitled to maternity benefits until the child is 6 months old, then how to calculate the benefit level same subsidy as above.
In case both parents participate in social insurance but the mother is not eligible for maternity benefits when giving birth and dies, the father is entitled to leave work to enjoy maternity benefits until the child is 6 months old.
In cases where only the father participates in social insurance and the mother dies after giving birth or faces a risk after giving birth and is no longer healthy enough to take care of the child as certified by a competent medical examination and treatment facility, the father is entitled to leave. maternity benefits until the child is 6 months old. The method of calculating the benefit level is the same as in the case where the father is on maternity leave until the child is 6 months old.
Note: In case the father has paid social insurance for less than 6 months, the maternity benefit is calculated on the basis of the average monthly salary of the months in which social insurance has been paid.
When you prepare to welcome a new member to your family, social insurance’s maternity policy will be an important source of financial support, helping you feel secure in taking care of the health of mother and baby without having to pay for it. Worried about financial burdens. At Long Phan, we are committed to providing professional and dedicated consulting services, including:
With a team of experienced experts, we are committed to providing detailed information, quickly answering questions, and helping you fully access your benefits. Please contact us immediately via the hotline 0906735386 to receive detailed advice on social insurance benefits during maternity benefits.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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