THE MATERNITY BENEFITS GUIDE – PART II

4. The maternity benefits when giving birth or adoption for female employees (Phase 03)

Note: Adoption under 06-month-old

• Conditions for enjoying the maternity benefits when giving birth or adopting a child

+ Must pay social insurance from full 06 months or more within 12 months before giving birth or adopting a child to enjoy the maternity benefit. (not required to pay consecutively)

+ The female employee giving birth has paid the social insurance premium for the full 12 months or more but, when she is pregnant, has to take leave to prenatal care as directed by a competent medical facility, must pay the social insurance premium for full 03 months or more during the period of 12 months before giving birth.

+ The employee who satisfies the two above conditions but terminates the labor contract or resigns before the time of giving birth or adopting a child under 6 months old is still entitled to the maternity benefits as prescribed.

• How to define: The 12 months before the child is born or adopted.

+ Case 01: Giving birth or adopting a child before the 15th of the month then the month of childbirth or child adoption is not counted into the 12 months before the child is born or adopted.

+ Case 02: Giving birth or adopting a child from the 15th of the month and that month pays the social insurance premium, the month of giving birth or adopting a child is counted in the 12 months before the child is born or adopted.

• The time of enjoying the maternity benefits when giving birth or adoption.

+ Female employees: Mother

– Female employees giving birth to a child are entitled to enjoy the maternity benefit before and after giving birth for 6 months. In case a female employee gives birth to twins or more, counting from the second child onwards, for each child, the mother is entitled to 01 month off.

– The time of enjoying the prenatal maternity benefit must not exceed 2 months.

+ Male employees: Father

– 05 working days.

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

– In case the wife has twins, the husband is entitled to 10 working days, from the third birth or more, for each additional child, the husband is entitled to 03 working days off.

Note: The husband needs to take leave within 30 days since the date that his wife gives birth. If the husband takes leave before or after 30 days, he will not be entitled to.

• The rate of maternity benefits when giving birth or adoption.

+ Female employees: Mother

– The monthly allowance level is 100% of the average monthly salary and wages paid for social insurance of the 06 preceding months before resignation.

– One-time allowance when giving birth: One-time allowance for each child is equal to 2 times of the base salary in the month the female employee gives birth.

Note 01: If twins, this one-time allowance is doubled

Note 02: The social insurance premium rate is shown in the separate sheet of the social insurance book or looks it up on the website https://baohiemxahoi.gov.vn/tracuu/Pages/tra-cuu-dong-bao-hiem.aspx

– Male employees: Father

Note: 

– Only when the mother does not participate in social insurance, the father will receive a one-time allowance.

• Documentary procedures for enjoying the maternity benefits after giving birth or adoption:

+ Certificate of Birth (copy) or Excerpts of Birth Certificate or Birth document (copy) of the newborn.

+ List of requests for maternity benefits, form 01B-HSB.

+ The company makes 02 Form 01B-HBS and D02-TS.

Note: 

– For cases where the employee has left the job before giving birth but still meets the conditions to receive maternity benefits, the employee self-submits to the District Insurance agency in residence.

5. The maternity benefits after giving birth to female employees (Phase 04) Health recovery after maternity

• The time of enjoying the maternity benefits after giving birth.

+ During the first 30 days of working, if the health is not yet recovered, they are entitled to convalescence and recovery from 05 to 10 days. Decided by the employer.

+ Maximum of 10 days for female employees giving birth from two or more children at a time;

+ Maximum of 07 days for female employees giving birth requiring surgery;

+ Maximum of 05 days for other cases.

• The rate of maternity benefits after giving birth

+ A day is equal to 30% of the basic salary.

• Documentary procedures for enjoying the maternity benefits after giving birth (Pursuant to Article 41, Social Insurance Law)

+ Social insurance book.

+ Birth document (copy) or Certificate of Birth (copy) of the newborn.

+ The decision for employees to take health recovery benefits from the employer and trade union.

+ Letters of confirmation of eligibility to receive social insurance benefits from C70a-HD.

Note: The maternity benefits don’t limit the number of times enjoying, whenever a female employee gives birth, she will receive the maternity regime, the benefit rate depends on the equivalent social insurance payment at the time.

Reference link: insurance law