One of the indispensable social insurance and policy regimes to ensure the stability of economic – social – political life in each country is the maternity regime. So what is the maternity regime? What are the conditions to enjoy maternity regime? Join Law and Accounting on the latest regulations of the Law on Social Insurance on maternity benefits 2023.

1. Concept of maternity benefits

Maternity benefits is one of the benefits that both female and male employees participating in compulsory social insurance are entitled to during the maternity period from prenatal check-ups to raising young children to support some income as well as ensure the health status of female employees when pregnant, giving birth, raising young children or when implementing contraceptive measures and for male employees when their wives give birth.

2. Legal regulations on maternity benefits 2023

According to the provisions of the Law on Social Insurance 2014, there are detailed regulations on the subjects and conditions for enjoying maternity benefits 2023

2.1 Subjects entitled to maternity benefits

Employees are entitled to maternity benefits according to the provisions of law when they fall into one of the following cases:

• Employees working under contracts with or without a specified term, seasonal labor contracts or jobs with a term of 03 months to less than 12 months, including contracts between employers and legal representatives of people under 15 years old.
• Employees working under contracts with a term of 01 month to less than 03 months;
• Cadres, workers, civil servants;
• Defense workers, police, people working in key organizations;
• Officers, soldiers, non-commissioned officers, and people working in secretarial work receive salaries as soldiers
• Business managers and cooperative operators receive salaries.

2.2 Conditions for enjoying maternity benefits

Employees will enjoy maternity benefits if they fall into the following cases:

• Female workers who are pregnant;
• Female workers who give birth, are surrogate mothers, mothers who ask for pregnancy, and workers who adopt children under 6 months old who have paid social insurance for at least 6 months within 12 months before giving birth or adopting a child;
• Female workers who give birth and have paid social insurance for at least 12 months but need to take time off work to rest during pregnancy as prescribed by medical facilities, and have paid social insurance for at least 3 months within 12 months before giving birth;
• Employees who are eligible for maternity benefits but terminate their contract or quit their job before giving birth or adopting a child under 6 months old are still entitled to benefits according to the law.

3. How to calculate maternity benefits 2023

For employees who meet the conditions prescribed by the Law on Social Insurance, the maternity benefits will be calculated as follows:

• The monthly benefit is equal to 100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave. In case of not having paid 6 months of social insurance, the benefit is equal to the average monthly salary of the months paid;
• The daily maternity benefit is calculated by dividing the monthly maternity benefit by 24 days for male employees who are paying social insurance when their wives give birth and female employees during pregnancy;
• The level of benefits when giving birth or adopting a child is calculated according to the monthly allowance. In case of odd days or taking contraceptive measures, the maternity allowance is calculated according to the instructions of the competent medical examination and treatment facility. In case of miscarriage, abortion, stillbirth or pathological abortion, the level of benefits per day is calculated by dividing the monthly allowance by 30 days.

4. Time to enjoy maternity benefits according to the provisions of the Law on Social Insurance

Based on the Law on Social Insurance, the detailed regulations on the time to enjoy maternity insurance benefits in 2023 are as follows:

4.1 When having a pregnancy check-up

Female employees during pregnancy are entitled to take 05 days off, each time 01 day. Except in cases where the medical examination and treatment facility is far away or there is a pathology or abnormal pregnancy, they are entitled to take 02 days off for each examination.

The time off for examination is calculated according to working days, not including holidays, Tet or weekly days off.

4.2 In case of miscarriage, abortion, suction curettage, stillbirth or pathological abortion

Female employees in the above cases are entitled to take maternity leave as prescribed by the competent medical examination and treatment facility. The maximum time off work (including holidays, Tet and weekly days off) is determined depending on the pregnancy:

• Pregnancy under 5 weeks old, 10 days off;
• Pregnancy from 5 weeks to under 13 weeks old, 20 days off;
• Pregnancy from 13 weeks to under 25 weeks old, 40 days off;
• Pregnancy from 25 weeks old and above, 50 days.

4.3 When giving birth

The time to enjoy maternity benefits for male and female employees according to the provisions of law is as follows:

• For female employees:
• Before and after giving birth, they are entitled to 06 months of leave;
• For twins or more, from the second child onwards, each child is entitled to 1 month of leave;
• The time of maternity leave before giving birth must not exceed 02 months.
• For male employees who are paying social insurance when their wife gives birth, they are entitled to maternity benefits (calculated within the first 30 days from the date of birth)
• 5 working days off;
• For surgery or giving birth when the fetus is under 32 weeks old, they are entitled to 07 days off;
• For twins, they are entitled to 10 days off;
• For triplets or more, they are entitled to 10 days off;
• For surgery when giving birth to twins, they are entitled to 14 days off.

In addition, there are some other cases that need to be noted such as:

• If a child under 2 months old dies after birth, the mother is entitled to 4 months off work starting from the date of birth; if a child 2 months old or older dies, the mother is entitled to 2 months off work starting from the date of death, but the time off cannot exceed the prescribed time for maternity benefits; this time will not be counted as personal leave.
• In case only the mother participates in social insurance or both parents participate in social insurance but the mother dies after giving birth, the father or the person directly raising the child will be entitled to maternity benefits for the remaining time of the mother. If the mother dies, has paid social insurance but is not eligible for maternity benefits, the father or the person directly raising the child will be entitled to maternity benefits until the child is 6 months old.
• In case the father or the direct caregiver participates in social insurance but does not take maternity leave, in addition to the salary, he will be entitled to maternity benefits for the remaining time of the mother.
• In case only the father participates in social insurance and the mother dies or has an accident after giving birth and is not healthy enough to take care of the child, the father will be entitled to maternity benefits until the child is 6 months old

Note: The time to enjoy maternity benefits is calculated including holidays, Tet, and weekly days off.

4.4 When adopting a child

The surrogate mother is entitled to maternity benefits when having a pregnancy check-up, miscarriage, abortion, stillbirth or pathological abortion and childbirth benefits until the child is handed over to the mother who requested the surrogacy.

If the period of maternity benefits from the date of birth to the time of handing over the child is still less than 60 days, the surrogate mother is still entitled to the benefits until the 60 days are up, including holidays, Tet and weekly days off.

4.5 When implementing contraceptive measures

Female workers are entitled to the prescribed days off if they implement the following contraceptive measures:

• Insert an IUD, take 07 days off;
• Perform sterilization, take 15 days off.

5. Frequently asked questions about maternity benefits 2023

5.1 In what form can employees receive maternity benefits?

One of the forms for employees to receive maternity benefits:

• Through the unit they are working for;
• Through personal accounts;
• Receive money directly at the social insurance agency;
• Through an authorized person to carry out maternity benefits procedures.

5.2 Steps to carry out maternity benefits procedures?

To receive maternity benefits, employees need to carry out the following steps:

Step 1: Submit application

Prepare application and necessary documents to submit to the social insurance agency or the unit where they work.

Step 2: Receive settlement results

The time limit for settling maternity benefits is a maximum of 06 days from the date of receiving complete documents from the enterprise or a maximum of 03 days from the date of receiving complete documents from the employee.

5.3. How is the postnatal recuperation allowance regulated?

The time for employees to enjoy maternity benefits is regulated as follows:

• After the maternity benefits, within the first 30 working days, if the female employee’s health has not recovered, she will be entitled to recuperation and recovery leave from 05 to 10 days;
• The recuperation leave will include holidays, Tet holidays, and weekly days off. In case this recuperation leave is carried over from the end of the previous year to the beginning of the following year, it will be counted for the previous year;
• The number of recuperation leave days is decided by the employee and the Trade Union at the unit where the employee is working. If the grassroots Trade Union has not been established, it will be decided by the employer. The time for recuperation and recovery leave for female employees after giving birth is regulated as follows:
  • Maximum 10 days if giving birth to two or more children at once;
  • Maximum 07 days if giving birth by surgery;
  • Maximum 05 days for other cases.

The level of maternity benefits after giving birth is calculated at 30% of the basic salary.

Convalescence allowance = Number of days of convalescence leave * 30% * basic salary.

5.4 What is different about maternity benefits in 2023?

From July 1, 2023, the basic salary will increase by about 20.8% (1,490,000 -> 1,800,000). Accordingly, the levels of maternity benefits will also increase.

5.5 Where to submit maternity benefits application?

The Law on Social Insurance has specified the specific place to submit maternity benefits application:

• For sickness and maternity benefits, within 45 days from the date of returning to work, submit the application as prescribed to the employer;
• In case the employee quits the job before giving birth or adopting a child, submit the application as prescribed and present the social insurance to the insurance agency;
• In case the employee has quit the job, submit the application for maternity benefits to the social insurance agency.

The above article of VIET MY LAW AND ACCOUNTING also clearly stated the legal provisions on maternity benefits in 2023. If readers still have questions about other legal issues, do not hesitate to contact us, we will answer as quickly as possible.