How to calculate maternity pay for female employees who give birth from July 1

Conditions for enjoying maternity benefits when giving birth

In Ho Chi Minh City, sickness and maternity benefits account for the highest proportion of the total number of applications processed. Social insurance regime, great support for employees when unfortunately suffering from a serious illness that requires long-term treatment and female employees who plan to have children.

In particular, maternity benefits are provided by employees. Workers are most interested in it because of the long support period and high benefit level, helping female workers have finances to maintain their lives during pregnancy and raising children.

According to Clause 1, Article 31 of the Law Social Insurance 2014 Employees entitled to maternity benefits include both female employees giving birth and male employees paying social insurance whose wife has given birth; female surrogate mothers and surrogate mothers; Employees adopting children under 6 months old; Female workers have IUDs inserted and workers undergo sterilization.

In the above groups, the most common case of resolving maternity benefits is female workers giving birth. In this case, to enjoy maternity benefits, a female employee who gives birth must meet the condition that she has paid social insurance for 6 months or more in the 12 months before giving birth.

In the case of labor For women who have paid social insurance for 12 months or more but when pregnant, they must quit work to take care of the pregnancy as prescribed by a medical facility, the condition to enjoy maternity benefits is to pay social insurance for 3 months or more within a 12-month period. before giving birth.

If a female employee gives birth and meets the prescribed conditions to enjoy the above maternity benefits, she quits her job (terminates the labor contract, works contract or quits her job) before that time. If you give birth, you are still entitled to maternity benefits according to regulations.

How to calculate maternity pay for female employees who give birth from July 1

Maternity benefits for female employees when giving birth

Maternity benefits For female employees giving birth, there are 4 amounts: Leave pay for prenatal check-up days, one-time allowance when giving birth, maternity pay during childbirth and postpartum convalescence pay.

Level of benefits High or low maternity leave depends on the salary of female workers participating in social insurance. The monthly benefit level is calculated as 100% of the average monthly salary paid for social insurance of the 6 months before leaving for maternity leave. In case the employee has paid social insurance for less than 6 months, the maternity benefit rate is the average monthly salary of the months in which social insurance has been paid.

Based on the monthly maternity benefit rate of the employee, the social insurance agency will calculate the benefit rate on a daily basis. No matter how many days the maternity benefit lasts, the benefit will be multiplied by the number of days.

Firstly, leave money for prenatal check-up days is prescribed in Article 32 of the 2014 Law on Social Insurance.

Accordingly, during pregnancy, female workers are allowed to take time off work to go for prenatal check-ups 5 times per day.

There are 3 cases in which pregnant women are entitled to 2 days off for each prenatal check-up: female workers living far from medical examination and treatment facilities; Pregnant people with medical conditions; abnormal pregnancy.

Thus, during pregnancy, female workers can enjoy paid leave for the days of prenatal check-ups of at least 5 days’ salary and at most 10 days’ salary. The 1-day benefit rate is calculated by dividing the monthly maternity benefit rate by 24 days.

Second, the one-time benefit when giving birth is specified in Article 38 of the 2014 Law on Social Insurance.

Accordingly, female employees who give birth are entitled to a one-time allowance for each child equal to 2 times the base salary in the month the female employee gives birth.

Thus, from July 1, female employees give birth receive a one-time allowance of 36 million VND for each child born.

Third, maternity pay during childbirth is prescribed in Article 34 of the 2014 Law on Social Insurance.

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 leave period before and after giving birth).

In case a female employee gives birth to multiple children in the same pregnancy, it is counted from the child From Monday onwards, each mother is entitled to 1 additional month of leave.

Thus, maternity pay during childbirth for female employees is 6 months of monthly salary paid for social insurance before taking leave to enjoy maternity benefits. . Particularly in the case of giving birth to multiple children, from the second child onwards, for each child, the mother is entitled to an additional month.

Particularly in the case of a female employee who dies after giving birth, the maternity leave period has a difference. change. If a child under 2 months old dies, the mother is entitled to 4 months off from work from the date of birth. If a child 2 months or older dies, the mother is entitled to 2 months off from work from the date of death. The maternity leave period does not exceed 6 months.

Fourth, postpartum convalescence benefits are prescribed in Article 41 of the 2014 Law on Social Insurance.

Clause 1, Article 41 stipulates that female employees who have not yet recovered from their maternity benefits within the first 30 days of work will be entitled to take 5-10 days of rest and recuperation.

According to Clause 2 Article 41: The period of rest and recuperation leave is regulated as follows: Maximum 10 days for female employees who give birth to 2 or more children at once; Maximum 7 days for female workers giving birth and requiring surgery; maximum 5 days for other cases.

Clause 3, Article 41 stipulates that the one-day post-maternity health recovery benefit is calculated as 30% of the base salary, which is 540,000 VND.