Do teachers in Vietnam, who return to work within one month after maternity leave, have to repay maternity insurance payments?

Do teachers in Vietnam, who return to work within one month after maternity leave, have to repay maternity insurance payments?

Based on Article 40 of the Law on Social Insurance 2014 regulating the return to work before the end of the maternity leave period:

Female workers returning to work before the end of the maternity leave period

1. Female workers can return to work before the end of the maternity leave period stipulated in Clause 1 or 3, Article 34 of this Law if they meet the following conditions:

a) After having taken at least 04 months of maternity leave;

b) They must notify and be agreed upon by the employer.

2. In addition to the salary for the working days, female workers returning to work before the end of the maternity leave period still receive maternity insurance benefits until the end of the period stipulated in Clause 1 or 3, Article 34 of this Law.

Teachers can return to work before the end of the maternity leave period after having taken at least 04 months of maternity leave but must notify and be agreed upon by the employer.

In this case, in addition to the salary for the working days paid by the employer, teachers still receive maternity insurance benefits until the end of the stipulated period.

Thus, a teacher returning to work one month early after maternity leave does not have to pay back the maternity insurance benefits.

Do teachers in Vietnam, who return to work within one month after maternity leave, have to repay maternity insurance payments? (Image from Internet)

What is the maximum duration of maternity leave before childbirth for a teacher in Vietnam?

Based on Article 34 of the Law on Social Insurance 2014 regulating the period of maternity insurance benefits when giving birth:

Period of maternity insurance benefits when giving birth

1. Female workers giving birth are entitled to 06 months of maternity leave before and after giving birth. In the case of multiple births, from the second child onwards, the mother is entitled to an additional 01 month of leave for each subsequent child.

The maximum duration of maternity leave before childbirth is not more than 02 months.

2. Male workers paying social insurance contributions while their wives give birth are entitled to maternity leave as follows:

a) 05 working days;

b) 07 working days if the wife has a surgery or gives birth to a child under 32 weeks of age;

c) In case of twins, the father is entitled to 10 working days, and for every additional child from the third child onwards, the father is entitled to an additional 03 working days;

d) In case of twins or more with surgical birth, the father is entitled to 14 working days.

The period of maternity leave stipulated in this clause is calculated within the first 30 days from the date the wife gives birth.

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Thus, the maximum duration of maternity leave before childbirth for a teacher is not more than 02 months.

What is the one-time allowance for teachers when giving birth in Vietnam?

Based on Article 38 of the Law on Social Insurance 2014 regulating the one-time allowance upon giving birth or adopting a child:

One-time allowance upon giving birth or adopting a child

Female workers giving birth or workers adopting a child under 06 months of age are entitled to a one-time allowance for each child equal to 02 times the statutory pay rate at the month of giving birth or the month of adoption.

In the case of giving birth but only the father participates in social insurance, the father is entitled to a one-time allowance equal to 02 times the statutory pay rate at the month of giving birth for each child.

Based on Clause 2, Article 3 of Decree 73/2024/ND-CP regulating the statutory pay rate:

Statutory pay rate

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2. From July 01, 2024, the statutory pay rate is 2,340,000 VND/month.

Thus, the one-time allowance for teachers when giving birth is 02 times the statutory pay rate: 2,340,000 x 2 = 4,680,000 VND.

What is the recovery allowance after childbirth for teachers who give birth via surgery in Vietnam?

Based on Article 41 of the Law on Social Insurance 2014 regulating the recovery and health improvement after maternity leave:

Recovery and health improvement after maternity leave

1. Female workers immediately after the period of maternity insurance benefits stipulated in Article 33, Clause 1, or Clause 3, Article 34 of this Law, within the first 30 working days but their health has not recovered, are entitled to take a break for health improvement from 05 to 10 days.

The period of health improvement includes public holidays, Tet holidays, and weekly off days. In cases where the period of health improvement spans from the end of the previous year to the beginning of the following year, such period shall be counted for the previous year.

2. The number of days for health improvement and recovery stipulated in Clause 1 of this Article shall be decided by the employer and the executive board of the grassroots trade union; if the employer has not established a grassroots trade union, the employer shall decide. The period for health improvement and recovery is stipulated as follows:

a) Maximum of 10 days for female workers giving birth to twins or more;

b) Maximum of 07 days for a female worker giving birth via surgery;

c) Maximum of 05 days for other cases.

3. The maternity health improvement allowance for each day is equal to 30% of the statutory pay rate.

Thus, the recovery allowance after childbirth for teachers giving birth via surgery is a maximum of 7 x 30% x 2,340,000 = 4,914,000 VND.