Consulting service on social insurance benefits during maternity leave

Article overview

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.

How is the maternity leave benefit under social insurance regulated?
How is the maternity leave benefit under social insurance regulated?

How long is the maternity leave entitlement, and who is eligible to receive maternity leave benefits?

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:

  • People working under a labor contract with or without a fixed term, a seasonal contract or a certain job with a term from 3 months to less than 12 months.
  • People working under labor contracts with a term of from 01 full month to less than 03 months;
  • Officials, civil servants and public employees;
  • Defense workers, police workers, and people working in other cipher organizations;
  • People active in the military;
  • The manager of a business or cooperative receives a salary.

Conditions for enjoying maternity leave benefits.

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:

  • Pregnant female workers;
  • Female workers give birth;
  • Surrogate female workers and surrogate mothers;
  • Employees adopting children under 6 months old;
  • Female workers have IUDs inserted, and workers undergo sterilization;
  • A male worker who is paying social insurance and whose wife has given birth to a child.

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.

Subjects enjoy maternity leave benefits
Subjects enjoy maternity leave benefits

Instructions on how to calculate maternity pay when giving birth in 2024

Paid time off for prenatal check-up days

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:

  • The monthly benefit level is equal to 100% of the average monthly salary paid for social insurance for the 6 months before leaving for maternity leave.
  • In case a female employee enjoys prenatal benefits for less than 6 months of social insurance payment, the maternity benefit level is the average monthly salary for the months in which social insurance has been paid;
  • The one-day benefit rate for the case of prenatal check-up benefits is calculated as the monthly maternity benefit rate divided by 24 days.

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)

One-time allowance when giving birth

The one-time allowance for giving birth according to Article 38 of the Law on Social Insurance 2014 is as follows:

  • Female employees who give birth or employees who adopt children under 06 months old are entitled to a one-time allowance for each child equal to 0.2 times the base salary in the month the female employee gives birth or the month the employee adopts the child.
  • In the case of giving birth but only the father participates in social insurance, the father will receive a one-time allowance equal to 2 times the base salary in the month of birth for each child.
  • Accordingly, Decree 73/2024/ND-CP stipulates the base salary and bonus regime for officials, civil servants, public employees and the armed forces at 2,340,000 VND/month.

From the above regulations, the one-time allowance when giving birth = 2,340,000 x 02 = 4,680,000 VND.

Prenatal care during childbirth

  1. For female employees giving birth, the level of maternity benefits during childbirth according to Clause 1, Article 39 of the Law on Social Insurance 2014 is as follows: The monthly benefit level is equal to 100% of the average monthly salary paid for social insurance for the 6 months before leaving for maternity leave.
  1. For female employees who die after giving birth, the level of maternity benefits is calculated the same as for female employees who give birth normally, the only difference is the duration of maternity benefits.
  2. For male employees paying social insurance whose wife has given birth, if this person takes maternity leave within 30 days from the date his wife gives birth: The level of maternity benefits is according to Points a and b, Clause 1 Article 39 of the Law on Social Insurance 2014 is as follows:
  • The monthly benefit level is equal to 100% of the average monthly salary paid for social insurance for the 6 months before leaving for maternity leave.

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;

  • The one-day benefit rate for maternity benefits for male employees whose wife gives birth within 30 days from the date of birth has the following formula for calculating maternity benefits:

Maternity pay = Number of days off x (100% of average monthly salary paid for social insurance of 06 months before leave /24).

How to calculate maternity pay
How to calculate maternity pay

Maternity benefits for husbands when their wives give birth

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:

  • Maternity pay for 01 month = 100% of the average monthly salary paid for social insurance for the 06 months before leaving the job to enjoy the mother’s maternity benefits.
  • 1 day maternity pay in case of odd days = 01 month maternity pay/ 30 days.

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.

  • Maternity pay for 01 month = 100% of the father’s average monthly salary paid for social insurance for 06 months before taking leave to enjoy maternity benefits.
  • 1 day maternity pay in case of odd days = 01 month maternity pay/ 30 days

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.

Benefits when using consulting services on social insurance benefits for maternity leave benefits at Long Phan

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:

  • Full service with consultants who are professional legal consultants
  • Reasonable costs, no additional costs are incurred during the service performance
  • Support in preparing documents to apply for maternity leave benefits
  • Full consultation on regulations on insurance payment period
  • Support to answer questions when there are legal changes.

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.