Policies and Benefits Teachers Receive Upon Childbirth

First, maternity policies for teachers

Similar to other female workers, teachers will receive maternity policies according to the provisions of the Law on Social Insurance 2014, as follows:

a. Regarding the conditions for enjoying maternity policies (Article 31)

Female teachers giving birth will be entitled to maternity policies if they have paid social insurance contributions for at least 06 months within the 12 months before childbirth.

b. Regarding the duration of maternity leave when giving birth (Clause 1 Article 34)

Female teachers giving birth are entitled to 06 months' leave for maternity before and after childbirth. In the case of twins or more, from the second child onwards, the mother is entitled to an additional 01 month for each additional child.

Note, the maximum pre-birth maternity leave is 02 months.

c. Entitlement to a one-time allowance upon giving birth (Article 38)

Female teachers giving birth are entitled to a one-time allowance for each child equal to 02 times the statutory pay rate of the month in which the female worker gives birth. In cases where only the father participates in social insurance, the father is eligible for a one-time allowance equal to 02 times the statutory pay rate of the birth month for each child.

Illustration (Source: Internet)

d. Maternity benefit level (Article 39)

During maternity leave, female teachers are entitled to a monthly salary equal to 100% of the average monthly salary used as the basis for social insurance contributions of the 06 months before taking maternity leave.

The average monthly salary for social insurance contributions used as the basis for calculating the maternity benefit is the average monthly salary of the 6 consecutive months immediately preceding the leave. If the social insurance contribution is not continuous, it will be cumulative.

e. Entitlement to health recuperation and rehabilitation (Article 41)

Immediately after the maternity leave, if the teacher's health has not yet recovered within the first 30 working days, they are entitled to a recuperation and health rehabilitation leave ranging from 05 days to 10 days. The number of recuperation and health rehabilitation days is decided by the school. The daily benefit level for health recuperation and rehabilitation after maternity is equal to 30% of the statutory pay rate.

In summary, according to the above regulations, during the 06 months of maternity leave for childbirth, teachers will receive the following:

- A one-time allowance upon childbirth equal to 2 times the statutory pay rate (2,980,000 VND);

- 6 months' maternity leave with a benefit level each month equal to 100% of the average monthly salary used as the basis for social insurance contributions of the 6 consecutive months immediately preceding the leave;

- Health recuperation and rehabilitation benefits after maternity (if any): Number of days of leave x 30% x statutory pay rate.

Second, policies for teachers on maternity leave coinciding with summer vacation 2019

This content is detailed in Official Dispatch 1125/NGCBQLGD-CSNGCB in 2017, guiding the resolution of maternity policies for teachers coinciding with the summer vacation. Specifically, the policies for teachers in this case are as follows:

The summer vacation for teachers includes annual leave, 8 weeks for preschool teachers (Clause 2 Article 3 of Circular 48/2011/TT-BGDDT) and 02 months for general education teachers (Clause 4 Article 1 of Circular 15/2017/TT-BGDDT). During this time, teachers enjoy full salary and allowances (if any). Based on the academic year plan, the scale, characteristics, and specific conditions of each school, the principal arranges the annual leave for teachers conformably (Clause 2 Article 3 of Circular 48/2011/TT-BGDDT, Clause 3 Article 5 of Circular 28/2009/TT-BGDDT).

Therefore, in the case of female teachers whose maternity leave coincides with the summer vacation, the educational institution will arrange annual leave according to the provisions of Article 111 and Article 112 of the Labor Code or pay for annual leave (if, due to work requirements, the educational institution cannot arrange annual leave for teachers) according to the provisions of Article 114 of the Labor Code. The support level for teachers in case the educational institution cannot arrange annual leave is stipulated in Clause 2 Article 5 of Circular 141/2011/TT-BTC on October 20, 2011, by the Ministry of Finance.

Thus, teachers whose maternity leave coincides with summer vacation will be arranged by schools for appropriate leave time. If not arranged, the teacher will be paid for annual leave.

Third, how are teachers handled when giving birth to a third child?

Typically, the handling of teachers giving birth to a third child will be based on the internal regulations of the educational institution. Additionally, in cases where the teacher is a Communist Party member, they will be handled according to Article 27 of Regulation 102-QD/TW on disciplining party members for violations.

Thanh Lam

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