Couples who want to have children in 2022 should not ignore the benefits related to the maternity regime that the current law gives them. Find out in the article below!
Article table of contents
Maternity regime: All the benefits you need to know when giving birth in 2022 (Artwork)
A. Maternity regime for female employees
1. Conditions for enjoying the maternity regime
An employee is entitled to the maternity regime in one of the following cases:
- Pregnant female employees;
- Female employees giving birth;
- Female employees as surrogate mothers and mothers asking for surrogacy;
- The employee adopts a child under 6 months old;
- Female employees use IUDs, employees take sterilization measures;
- Male employees who are paying social insurance premiums whose wives give birth to children.
In addition, employees enjoying maternity benefits also need to meet the conditions for the time to participate in social insurance, specifically:
- Female employees who give birth or adopt children under 6 months old or female employees who are surrogates and whose mothers ask for surrogacy must pay social insurance contributions for full 06 months or more during the 12 months before giving birth or adopting a child. adopted child.
- Female employees who have given birth to a child and have paid social insurance premiums for full 12 months or more but have to take a leave of absence from work to take care of the pregnancy as prescribed by a competent medical examination and treatment facility, must pay social insurance premiums for full 03 months or more in the following month. 12 months before giving birth.
Note : Employees who fully meet the above conditions but terminate their labor contracts or quit their jobs before giving birth or adopting children under 06 months of age, are still entitled to this regime.
2. Time to enjoy maternity leave when giving birth
2.1 Enjoying benefits during pregnancy check-ups
- During pregnancy, female employees are entitled to take leave from work to go to antenatal check-up 05 times, 01 day each time; If the patient is far from medical examination and treatment establishments or the pregnant woman has a medical condition or an abnormal pregnancy, she is entitled to 2 days off for each antenatal care visit.
- Time off work is calculated by working days, excluding public holidays, New Year holidays, and weekly rest days.
2.2 Enjoy the benefits for miscarriage, curettage, abortion, stillbirth or pathological abortion
- In case of miscarriage, curettage, abortion, stillbirth or pathological abortion, female employees are entitled to take maternity leave as prescribed by competent medical examination and treatment establishments. The maximum time off work is regulated as follows:
+ 10 days if the pregnancy is under 05 weeks;
+ 20 days if the pregnancy is from 05 weeks to under 13 weeks;
+ 40 days if the pregnancy is from 13 weeks to under 25 weeks;
+ 50 days if the pregnancy is 25 weeks or more.
- Time off work including public holidays, New Year holidays, weekly rest days.
2.3 Enjoy the regime when giving birth
Female employees giving birth are entitled to take maternity leave before and after giving birth for 6 months. In case female employees have twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave.
The maximum period of maternity leave before giving birth is not more than 02 months.
Note:
+ In case after giving birth to a child, if the child under 2 months old dies, the mother is entitled to a 4-month leave from the date of childbirth;
If a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the day of the child's death, but the time off work to enjoy the maternity benefits does not exceed the period specified in Clause 1, Article 34 of the Law on Social Insurance; This time is not included in the separate leave time according to the provisions of the labor law.
+ In case the mother dies after giving birth, the father or the person directly raising the child is entitled to take leave to enjoy the maternity regime for the remaining time of the mother.
In case the mother is not eligible for the maternity regime as prescribed and dies, the father or the person directly nurturing the child is entitled to take leave to enjoy the maternity regime until the child is full 6 months old.
In addition, regarding the regime for female employees as surrogates and mothers asking for surrogacy :
+ Female employees as gestational surrogacy are entitled to benefits when antenatal care, miscarriage, abortion, abortion, stillbirth or pathological abortion, and benefits when giving birth until the time of handing over the child to the pregnant mother. households but not exceeding 06 months.
In the case that from the date of birth to the time of delivery of the child, the maternity leave period is less than 60 days, the surrogate mother is still entitled to the maternity regime until full 60 days, including public holidays, Tet holiday, weekly rest day.
+ The mother who asks for surrogacy is entitled to the maternity regime from the time of receiving the child until the child is full 6 months old.
2.4 Convalescence and recovery after childbirth
- Female employees immediately after enjoying the maternity regime, but within the first 30 days of working, their health has not yet recovered, they are entitled to take a convalescence and health recovery period from 05 days to 10 days .
The time for convalescence and recovery includes public holidays, New Year holidays, and weekly rest days. In case there is a period of convalescence and health rehabilitation from the end of the previous year to the beginning of the next year, such time off shall be counted for the previous year.
- The number of days of convalescence and rehabilitation shall be decided by the employer and the grassroots trade union executive committee, in case the employer has not established a grassroots trade union, it shall be decided by the employer. decision. The time for convalescence and health rehabilitation is prescribed as follows:
+ Up to 10 days for female employees who give birth once with two or more children;
+ Up to 07 days for female employees who have to undergo surgery;
+ Up to 5 days for other cases.
3. Maternity benefit rate in 2022
3.1 One-time allowance when giving birth
Female employees giving birth are entitled to a one-time allowance for each child equal to 02 times the base salary in the month the female employee gives birth .
Accordingly, the base salary in 2022 is 1.49 million VND/month. Therefore, the one-time allowance when giving birth is: 1.49 million VND x 2 = 2.96 million VND .
3.2 Maternity allowance when female employees give birth
A female employee who gives birth to a child who fully meets the above-mentioned conditions for enjoying the maternity regime shall enjoy the maternity regime as follows:
1-month benefit rate = 100% x Average monthly salary on which social insurance premiums are based in the 6 months before leaving
Note:
+ In case the employee has paid social insurance premiums for less than 6 months, the maternity benefit rate is the average monthly salary of the months for which social insurance has been paid.
+ The one-day allowance is calculated by the monthly maternity benefit rate divided by 24 days.
3.3 Level of benefits for convalescence and health rehabilitation after maternity
During the period of leave to enjoy the convalescence and health rehabilitation regime after maternity, the employee is entitled to the following rates of convalescence and health rehabilitation after giving birth:
Daily rate = 30% x Base salary
Currently, the base salary in 2022 is 1.49 million VND/month. Therefore, the rate of enjoying the convalescence and health rehabilitation regime after one day of maternity is 30% x 1.49 million VND = 447,000 VND.
B. Maternity regime for male employees
Male employees who are paying social insurance premiums when their wives give birth to children are entitled to maternity leave as follows:
- 05 working days;
- 07 working days when the wife gives birth to a child requiring surgery or gives birth to a child under 32 weeks old;
- In case the wife gives birth to twins, she is entitled to 10 working days off; from the birth of triplets or more, for each additional child, she is entitled to an additional 03 working days;
- In case the wife has twins or more and has to have surgery, she is entitled to 14 working days off.
Note:
+ The above leave time does not include public holidays, New Year holidays, weekly rest days and is calculated within the first 30 days from the date of the wife giving birth.
+ In case of taking many times off, the time to start taking leave for the last time must still be within the first 30 days from the date the wife gives birth and the total time off work for maternity benefits must not exceed the prescribed time.
In addition, in case only the father participates in social insurance but the mother dies after giving birth or is in danger after giving birth but is no longer healthy enough to take care of the child as certified by a competent medical examination and treatment facility, The father is entitled to take maternity leave until the child is full 6 months old.
Legal grounds:
- Articles 31, 32, 33, 34 of the Law on Social Insurance 2014 ;
- Articles 38, 39 and 41 of the Law on Social Insurance ;
- Article 10 of Circular 59/2015/TT-BLDTBXH (added by Clause 7 Article 1 of Circular 06/2021/TT-BLDTBXH ).
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