Does an employee on maternity leave reported by the company still benefit from health insurance?
According to Article 98 of the 2014 Law on Social Insurance stipulating the adjustment of social insurance participation information as follows:
Employers must notify the social insurance agency in writing when there are changes in the information of social insurance participation.
The dossier for adjusting personal information of employees participating in social insurance includes:
a) Personal information adjustment declaration form;
b) Social insurance book;
c) A copy of documents from state authorities related to the adjustment of personal information as prescribed by law.
Therefore, in case there is a change in social insurance participation information, the employer shall notify the social insurance agency (increases or decreases). When an employee is on maternity leave for more than 14 days in a month, the company will report the decrease.
Additionally, under Clause 6 Article 42 of Decision 595/QD-BHXH in 2017, when the employee takes maternity leave for 14 working days or more in a month, the unit and employee do not have to pay social insurance, unemployment insurance (UI), occupational accident and disease insurance (OADI), during this period which is counted as the time for paying social insurance, and not counted as the time for paying UI. The social insurance agency will pay health insurance (HI) for the employees.
Simultaneously, under Clause 5 Article 2 of Decree 146/2018/ND-CP, the group paid by the social insurance agency includes employees during maternity leave when giving birth or adopting a child.
From the above regulations, after the company reports the decrease, your wife is still entitled to HI benefits. Note: Your wife can still use the HI card previously issued by the company, and the social insurance agency will directly extend the validity of this card.
Sincerely!
