Maternity regime 2023 is no longer strange to workers. This is an income guarantee regime when employees become pregnant, give birth, raise children, adopt children or carry out family planning. Initially, this regulation only applied to female employees, but now maternity insurance regulations apply to all employees, including male employees, if their wife gives birth. For female employees, the maternity leave period will also be changed in favor of the employee. Let’s find out with Viet My what benefits employees on maternity leave enjoy.

1. Eligible for Maternity regime 2023

The employee’s maternity leave period is specified in Article 2 of the 2014 Law on Social Insurance and includes: Long-term, temporary, seasonal or certain job employment must be from 3 months to less than 12 months. , including labor contracts concluded between the employer and the legal representative; under 15 years old according to the provisions of the Labor Law.

2. Conditions for Maternity regime 2023

Article 31 of the 2014 Social Insurance Law stipulates conditions for maternity regime. Employees are entitled to maternity regime when they fall into one of the following cases:

• Pregnant workers;
• Female workers give birth;
• Surrogate female workers and surrogate mothers;
• Employees adopting children under 6 months old;
• Female workers have IUDs inserted and sterilization performed;
• A male worker who is paying social insurance has a wife who has given birth.
• The employee in case the female employee gives birth; female surrogate mothers and surrogate mothers; Employees who adopt children under 6 months old must pay social insurance for 6 months or more within 12 months before giving birth or adopting the child.
• Employees who give birth have paid insurance for 12 months or more but must take maternity leave under the control of a competent medical examination and treatment agency. Pay social insurance for 3 months or more 12 months before giving birth.
• The employee fully complies with the conditions specified in Article 39, Clause 2 and 3 of the 2014 Law on Social Insurance and terminates employment, labor contract or employment before the date of birth or adoption of a child under 6 years old. months of full age are still entitled to work with maternity regime according to Articles 34, 36 and 38 and Clause 1, Article 39 of the 2014 Law on Social Insurance.

3. How long is the Maternity regime 2023 period?

The duration of Maternity regime 2023 will be different for each case.

3.1 Maternity benefit period during prenatal check-ups in 2023

Article 32 of the 2014 Social Insurance Law stipulates the time to enjoy benefits during pregnancy as follows:

• During pregnancy, female employees are entitled to leave work to enjoy maternity leave 5 times, 1 day each time;
• In case the patient lives far from a medical examination and treatment facility or the pregnant woman is sick or has an abnormal pregnancy, she will be given 02 days off for each prenatal examination.
• According to Article 3 of the 2014 Law on Social Insurance, the maternity leave period is calculated by working days, excluding holidays, New Year holidays, and weekly days off.

3.2 Time to enjoy maternity regime when having a miscarriage 2023

According to the provisions of Article 33 of the 2014 Law on Social Insurance, female employees are entitled to maternity regime in cases of miscarriage, curettage, abortion, stillbirth or pathological abortion according to medical examination and treatment indications.

The maximum time off is specified as follows:

• Maximum leave is 10 days if pregnancy is less than 5 weeks;
• 20 days off if pregnancy is from 5 weeks to under 13 weeks;
• 40 days off if the pregnancy is from 13 weeks to less than 25 weeks;
• Get 50 days off if the pregnancy is 25 weeks or more.

3.3 Time to enjoy maternity regime when giving birth in 2023

Article 34 of the 2014 Law on Social Insurance stipulates the time you are entitled to maternity regime as follows:

Female employees are entitled to 6 months of maternity leave before and after giving birth.

In case a female employee gives birth to twins or more, from the second child onwards, for each child, the mother is entitled to an additional month of leave.

The maximum period of maternity leave before giving birth is 2 months.

Male employees who pay insurance when their wife gives birth are entitled to maternity regime as follows:

• 05 working days;
• Maximum leave of 07 days when wife gives birth and requires surgery, or gives birth to a child under 32 weeks of age;
• If the wife gives birth to twins, she is entitled to 10 working days off. If she gives birth to three or more children, each additional child is entitled to 3 additional working days off;
• If the wife gives birth to twins or more and has to have surgery, she is entitled to a maximum of 14 working days off.

The maternity leave period is calculated within the first 30 days from the date the wife gives birth.

3.4 Time to enjoy maternity regime when implementing contraceptive measures in 2023

When using preventive measures according to Article 37 of the 2014 Law on Social Insurance, the duration of using maternity regime is as follows:

When using contraceptives, employees have the right to receive health examinations and obstetric care prescribed by a medical facility. The maximum time off is specified as follows:

• 07 days off for female employees with IUDs;
• 15 days off for employees undergoing sterilization.

4. Application for maternity regime 2023

According to Decision 166/QD-BHXH in 2019 and Decision 222/QD-BHXH in 2021, the application for maternity regime in 2023 is different for each case.

Employees with prenatal check-ups, abortions, abortions, stillbirths or pathological abortions; Employees using contraceptives:

• Hospitalization: copy of hospital discharge certificate; If the referral is sent to the hospital during treatment at the department, a copy of the referral or transfer note is required.
• For outpatient treatment: Documents proving social insurance payment; or a copy of the hospital discharge note from the doctor or treating physician in case of additional leave after inpatient treatment.

Female workers give birth

Copy of birth certificate or extract or birth certificate of the child.

In case the child dies after birth: copy of the birth certificate or birth certificate extract or copy of the child’s birth certificate, copy of the death certificate or death certificate extract or copy of the child’s death notice; In case a birth certificate has not yet been issued, replace it with a copy or summary of the mother’s or midwife’s medical examination and discharge certificate showing that the child has died.

In case the mother or surrogate dies after giving birth: a copy of the mother’s or surrogate’s death certificate or death certificate extract.

In case the mother or surrogate mother is no longer healthy enough to take care of the child after giving birth: At the same time, consider handling the mother or surrogate mother.

In case you need to take maternity leave: bring one of the following documents:

• In case of hospitalization: copy of hospital discharge certificate or medical record summary confirming maternity leave.
• In outpatient care: social security certificate showing maternity leave.
• In case medical examination is required: Health examination certificate.

In case of surrogacy or surrogacy: have a copy of the humane surrogacy agreement; Document proving the time of handover of the child from the surrogate mother and the biological mother.

In case of adopting a child under 6 months old, a copy of the Adoption Certificate is required.

If a male employee or the husband of a female surrogate employee quits work when giving birth:

• A copy of the child’s birth certificate or birth certificate or extract of the child’s birth certificate;
• In case of birth requiring cesarean section or a child under 32 weeks of age who is not named in the Birth Certificate but has additional documents from a medical examination and treatment facility certifying the birth by cesarean section or the birth of a child under 32 weeks of age, if not, then Replace with a copy or summary of the mother’s or biological mother’s medical record or hospital discharge certificate proving the child’s death.

The male employee or the husband of the surrogate mother receives a fixed amount of money when his wife gives birth:

• Copy of birth certificate or copy of birth certificate or extract of birth certificate of children.
• In case the child dies after birth without a birth certificate, attach a copy or summary of the medical record or a copy of the hospital discharge certificate of the mother or midwife showing that the child has died.

5. Procedures for enjoying maternity regime 2023

In order for employees to enjoy the system, relevant individuals and organizations must follow the order below:

Step 1: Submit application

• Within 45 days from the date of returning to work, the employee must send the above documents regarding maternity regime to the employer.
• If you stop working before the birth or adoption of a child, you must submit a request to the social insurance agency and provide a social insurance certificate.

Step 2: Employer creates profile

The employer is obliged to deliver complete documents to the social insurance agency within 10 days from the date of receiving complete documents from the employee.

Step 3: The social insurance agency processes the application

Social insurance pays maternity regime to employees within the following limits:

• 06 working days from the date of receiving complete documents from the employer;
• 03 working days from the date the employee leaves work before giving birth or adopting a child to receive complete documents.

6. Frequently asked questions about Maternity regime 2023

6.1 I have had enough time to pay insurance to enjoy maternity regime but what should I do if I am inspected?

Social insurance must check the employee’s records and compare them with the company’s work history. If the results are completely valid, social insurance will pay after about 10 days. On the contrary, the company must complete the documents as requested by the inspector within the allowed time limit.

6.2 If I do not have a maternity check-up during pregnancy, will it affect my receipt of maternity insurance?

Currently, some workers are worried that if they do not enjoy maternity regime, they will not be able to enjoy maternity regime. This is completely wrong. Viet My affirms that you are still entitled to maternity and diaper benefits if you meet the conditions for paying social insurance for at least 6 months in the 12 months before giving birth.

6.3 Can I file for maternity leave after receiving unemployment insurance?

If an employee is both unemployed and has children, he or she is entitled to both benefits as normal. However, this information is somewhat true when applied to business documents. Because receiving unemployment insurance money means that the employee has left the unit. Currently, the unit cannot register births. However, this can be done by the employee themselves.

6.4 The company requires a commitment to work 10 months or more to receive maternity regime, but if the working time is not enough, will I have to lose it?

Currently, some companies require employees to sign a working contract of at least 10 months to receive maternity regime (if any). However, some employees “failed their plans” and wished to take maternity leave before that time. They are not entitled to benefits according to the company’s original regulations.

6.5 If the company owes social insurance money, can I file for maternity leave?

In case the company owes social insurance, the employee must coordinate to settle the social insurance debt with the company. Because, when applying for benefits, social insurance checks the employee’s payment process. And if this process is found to be incomplete (due to debt), social insurance has the right to refuse payment.

Above is an article by VIET MY LAW AND ACCOUNTING about the maternity regime 2023. If there is anything you still do not understand about the maternity regime, you can contact us for more detailed advice.