BENEFITS WHEN WOMEN EMPLOYEES are pregnant or give birth

BENEFITS WHEN WOMEN EMPLOYEES are pregnant or give birth

Benefit conditions are as follows:

− According to   Clause 2, Article 31 of the Law on Social Insurance: “Female employees must make full payment for 6 months or more within 12 months before giving birth or adopting a child”.

− According to Clause 3, Article 31 of the Law on Social Insurance, “a female employee who has paid social insurance for 12 months or more but must take time off work to take care of the pregnancy as prescribed by a competent medical facility must pay social insurance for 3 months or more. up during the 12 months before giving birth”

1. Pregnancy leave:

• Legal bases Article 31, Article 32 Law on Social Insurance 2014
• Female employees are entitled to take leave from work to go to antenatal care 5 times, 1 day each time. In case you live far from a medical examination or treatment facility or the pregnant woman has a medical condition or an abnormal fetus, you are entitled to 02 days off for each prenatal examination.
• Benefit level = ((Average monthly salary paid for social insurance for the 6 consecutive months before quitting)/24)x number of days off)
• During the time off for prenatal care, the company will not pay salary but will receive this allowance
• Employees need to submit to the Employer:
• The employee’s certificate of leave to enjoy social insurance.
• Or a copy of the hospital discharge certificate with instructions from the treating physician or physician for additional leave after the inpatient treatment period (if any).

Note: The employee must submit the application within 45 days from the date of return to work as prescribed in Clause 1, Article 102 of the Law on Social Insurance 2014.

2. Childbirth benefits

• Legal basis: Clause 1, Article 34, Article 39 of the 2014 Social Insurance Law and 2019 Labor Code
• Female employees giving birth are entitled to take maternity leave before and after giving birth for 6 months. In case a female employee gives birth to twins or more, from the second child onwards, for each child, the mother is entitled to 1 additional month of leave. The maximum period of maternity leave before giving birth is not more than 02 months
• Benefit level per month = 100% x average monthly salary paid for social insurance of 06 months before leaving for maternity leave
• Documents that need to be submitted to the Employer include:
• Copy of Birth Certificate or Birth Extract or copy of child’s Birth Certificate
• Hospital discharge certificate (original or notarized copy)

Time to submit application: Within 45 days from the date of return to work to enjoy maternity benefits.

Note: According to the instructions in  Dispatch 361/LDTBXH-BHXH , you can also submit your application right after giving birth to get the regime resolved sooner.

3. One-time allowance after giving birth:

• Legal basis Article 38 of the Social Insurance Law.
• Benefit for each child = 2 x Current base salary (1,490,000 VND/month)
• Procedures for receiving benefits: procedures for receiving benefits for childbirth include this procedure, so employees do not need to submit additional documents.

4. Postpartum convalescence:

• Legal basis of Article 41 of the Law on Social Insurance: The time for convalescence and rehabilitation is prescribed as follows:

      – Maximum 10 days for female workers giving birth to two or more children at once;

      – Up to 07 days for female employees who have to undergo surgery;

      – Maximum 05 days for other cases

• This time includes holidays, New Year holidays, weekly breaks, etc.
• Per day benefit = 30% x current base salary
• Required documents:

      – A certificate from a competent medical examination and treatment facility that the mother is no longer healthy enough to take care of the child after giving birth;

      – Extract a copy of the mother’s medical record or hospital discharge certificate in case the child dies after birth without a birth certificate being issued;

      – Certificate from a competent medical examination and treatment facility that the female employee must take leave from work to take care of her pregnancy; restore health. 

      – Copy of birth certificate or copy of child’s birth certificate;

      – A copy of the child’s death certificate in case the child dies, a copy of the mother’s death certificate in case the mother dies after giving birth.

Within 10 days after the employee is confirmed to be eligible for the postnatal convalescence convalescence regime, the employer will have to make a dossier and send it to the Social Insurance agency for settlement.

MATERNITY REGIME FOR MEN

      Based on Clause 2, Article 9, Circular 59/2015/TT-BLDXH, male employees who pay social insurance for 6 to 12 months before their wife gives birth will be eligible to enjoy maternity benefits for men whose wife gives birth. child.

The maternity leave period for men whose wife has given birth is prescribed as follows:

     – 05 working days with 01 normal birth;

     – 07 working days when the wife gives birth and requires surgery or gives birth to a child under 32 weeks of age;

     – 10 working days in case of twins, from triplets, each additional child is entitled to 3 more working days, up to 14 working days

• In addition, in some special cases, male employees are entitled to a longer leave of absence, specifically:

      – In case only the mother participates in social insurance or both parents participate in social insurance and the mother dies after giving birth, the father is entitled to leave from work and enjoy maternity benefits for the remaining time of the mother. If the mother participates in social insurance but is not eligible to receive it and the mother dies after giving birth, the father is entitled to leave to enjoy maternity benefits until the child is 6 months old.

     – In case the father participates in social insurance but does not quit his job when his wife dies after giving birth, in addition to his salary, he is also entitled to maternity benefits for the mother’s remaining time.

     – In case only the father participates in social insurance but the mother dies after giving birth or is in danger after giving birth but 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 from work. Enjoy maternity benefits until your child is 6 months old.

* Note:

 If his wife gives birth to twins or more and has to have surgery, the male employee is entitled to 14 working days off.

The time to enjoy the regime does not include holidays, New Year’s Eve, weekly rest.

• Benefit levels:

1. Benefits based on number of days off:

Benefit level = Average salary paid for social insurance 6 months before the male employee’s wife gives birth / 24 working days x 100% x number of days off.

In case of less than 6 months,  Average salary paid for social insurance  = average salary of months for which social insurance has been paid.

2. Receive a one-time subsidy:

• Pursuant to Article 38 of the 2014 Law on Social Insurance, if the following conditions are met:

– In case only the father participates in social insurance, the father must pay social insurance for 6 months or more within the 12 months before giving birth;

      – In case the husband of the surrogate mother must pay social insurance for 6 months or more within 12 months up to the time of receiving the child.

• Male workers are entitled to a one-time allowance equal to 2 times the base salary in the month of childbirth for each child. Currently, the base salary remains the same at 1.49 million VND/month. Therefore, the subsidy level will be: 1.49 million VND x 2 = 2.98 million VND.
• Documents for maternity benefits for men whose wives have given birth

      – Birth certificate with father’s name or birth certificate and household registration book;

      – In case the child dies: Death certificate or extract of the child’s death declaration or copy of the mother’s medical records or hospital discharge certificate if the child dies after birth without being issued a birth certificate (if any);

      – Certificate of medical facility in case of giving birth to a baby under 32 weeks old or giving birth requiring surgery (if any);

– Form 01B-HSB

• The time limit for submitting dossiers for enjoying the maternity regime for men whose wives give birth to children is prescribed as follows:

      – Within 45 days from the date of return to work, the employee must submit a dossier to the enterprise.

      – Within 10 days (from the date of receiving complete documents from the employee), the unit must submit it to the management insurance agency.