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Abbreviation Glossary
- Employee: Worker
- Social Insurance: Social Security
- Healthcare Facility: Hospital
1. Conditions for Employees to Receive Maternity Benefits When Giving Birth.
2. How to Calculate Maternity Benefits When Giving Birth.
3. Example.
4. Frequently Asked Questions.
Guide to Calculating Maternity Benefits When Giving Birth
1. Conditions for Employees to Receive Maternity Benefits When Giving Birth
- Female employees wishing to receive maternity benefits must ensure: Being covered by Social Insurance for at least 06 months in the 12 months prior to giving birth.
- Female employees who have been covered by Social Insurance for at least 12 months, during pregnancy must take leave for prenatal care as prescribed, then only need to be covered by Social Insurance for at least 03 months in the 12 months prior to giving birth.
- Male employees with wives giving birth wishing to receive maternity benefits only need to meet the condition of being covered by Social Insurance.
- See also: Should You Buy Bao Viet Maternity Insurance
2. How to Calculate Maternity Benefits When Giving Birth
2.1. Compensation for Days of Prenatal Check-ups
Employees during pregnancy who take time off for prenatal check-ups will have their compensation calculated as follows:
Benefit = Average monthly salary contributing to social insurance of the last 06 months before leaving employment : 24 days x Number of days off
- Under normal circumstances: Female employees are entitled to 05 days off, each time for 01 day.
- In cases of distant medical treatment or complicated pregnancies: Female employees are entitled to 05 days off, each time for 02 days.
- The duration of leave is calculated based on working days, excluding public holidays, Tet holidays, and weekly days off.
2.2. Lump Sum Maternity Allowance
The current basic salary is 1,490,000 VND per month.
Lump sum allowance per child = 02 times x Basic salary at the month of childbirth
= 2 x 1,490,000 = 2,980,000 VND
- If both parents are enrolled in social insurance: The mother receives the lump sum allowance;
- If only the father is enrolled in social insurance and the mother is not, then the father receives the lump sum allowance.
2.3. Maternity Benefits for Maternity Leave
a. For female employees giving birth
- Female employees giving birth are entitled to 06 months of leave before and after childbirth.
- If giving birth to twins or more, the calculation starts from the second child onwards, with an additional 01 month of leave for each child.
- Monthly maternity benefits = 100% x Average monthly salary for the 06 months of social insurance premium payment period before taking maternity leave
- If the employee has not paid social insurance for a full 06 months: Benefits are calculated based on the average monthly salary of the months for which social insurance premiums have been paid
b. For male employees
* Paternity leave entitlement when wife gives birth
Within the first 30 days from the day the wife gives birth, male employees are entitled to:
+ 05 working days off if the wife gives birth naturally;
+ 07 working days off if the wife undergoes surgery or gives birth before 32 weeks;
+ 10 working days off if the wife gives birth to twins, with an additional 03 working days off for each additional child;
+ 14 working days off if the wife gives birth to twins or more and undergoes surgery.
Maternity benefits = Number of days off x (100% of the average monthly salary for the 06 months of social insurance premium payment period before the male employee's leave / 24 days)
* When taking maternity leave due to wife's death after childbirth
(1) If only the mother participates in social insurance, and she dies after childbirth, the father is entitled to maternity leave for the remaining period of the mother's entitlement.
+ Monthly maternity benefits = 100% x Average monthly salary for the 06 months of social insurance premium payment period before the mother's maternity leave
+ Daily maternity benefits (if any) = Maternity benefits for 01 month divided by 30
(2) If only the mother participates in social insurance but does not meet the conditions for maternity leave, and she dies after childbirth, the father is entitled to maternity leave until the child reaches 06 months old.
+ Monthly maternity benefits = 100% x Average monthly salary for the 06 months of social insurance premium payment period before the mother's maternity leave
+ Daily maternity benefits (if any) = Maternity benefits for 01 month divided by 30
(3) If only the father participates in social insurance, and the mother dies after childbirth or encounters postpartum risks that make her unable to care for the child (with confirmation from the authorized medical facility), the father is entitled to maternity leave until the child reaches 06 months old.
+ Monthly maternity benefits = 100% x Average monthly salary for the 06 months of social insurance premium payment period before the father's maternity leave
+ Daily maternity benefits (if any) = Maternity benefits for 01 month divided by 30
(4) If both the father and the mother participate in social insurance, and the mother dies after childbirth, the father is entitled to maternity leave for the remaining period of the mother's entitlement.
+ Monthly maternity benefits = 100% x Average monthly salary for the 06 months of social insurance premium payment period before the father's maternity leave
+ Daily maternity benefits (if any) = Maternity benefits for 01 month divided by 30
(5) If both the father and the mother participate in social insurance, but the mother does not qualify for maternity benefits and dies after childbirth, the father is entitled to maternity leave until the child reaches 06 months old.
+ Monthly maternity benefits = 100% x Average monthly salary for the 06 months of social insurance premium payment period before the father's maternity leave.
+ Daily maternity benefits (if any) = Maternity benefits for 01 month divided by 30
2.4 Postnatal recuperation benefits
Benefits = Number of days for postnatal recuperation x 30% x 1,490,000 VND
- Within the first 30 working days if the female employee's health has not fully recovered, she is entitled to postnatal recuperation, health restoration from 05 to 10 days, with the specific number of days determined by the company.
+ Maximum of 10 days: Female employees giving birth to two or more children at once;
+ Maximum of 07 days: Female employees undergoing surgical birth;
+ Maximum of 05 days: Other cases.
- The period of postnatal recuperation, health restoration includes public holidays, Tet holidays, and weekly rest days.
3. Example
Ms. A has been contributing to social insurance for 5 years from January 2017 to January 2022. During her pregnancy, she had 4 prenatal check-ups, totaling 4 days. She took maternity leave from the beginning of February to give birth. She had a normal delivery and gave birth to 1 baby on February 12, 2022. Her monthly salary for the months of social insurance contributions was consistently 5 million VND. After maternity leave, she plans to take 5 days of postnatal recuperation. Her husband also contributes to social insurance at another company, having contributed for 2 years with a monthly contribution of 7 million VND. Calculate the maternity benefits for Ms. A and her husband?
Answer
* Determine eligibility for maternity benefits
- Ms. A gave birth on 12/2/2022, so February 2022 will not be counted in the 12-month period before childbirth.
- The 12-month period before childbirth is from February 2021 to January 2022.
- During the 12-month period before childbirth, Ms. A has made 12 months of social insurance contributions.
=> Therefore, Ms. A is eligible for maternity benefits when giving birth.
Additionally, when Ms. A gave birth, her husband was also contributing to social insurance and is entitled to maternity benefits.
* The average monthly salary used for calculating social insurance contributions in the 6 months before leaving work is 5 million VND.
* Ms. A's maternity benefits are as follows:
- Maternity check-up leave
During pregnancy, Ms. A took 4 days off for prenatal check-ups, entitling her to maternity check-up leave benefits.
The benefit for 4 days = 5,000,000 VND : 24 days x 4 days = 833,333 VND.
- Maternity leave benefits
+ Ms. A is entitled to a total of 06 months of leave before and after childbirth, specifically from February 2022 to August 2022.
One-time maternity allowance = 2 x 1,490,000 VND = 2,980,000 VND
Maternity allowance for 6 months of maternity leave = 6 x 100% x 5,000,000 VND = 30,000,000 VND.
- Postnatal recovery benefits
If Ms. A takes 05 days of postnatal recovery leave,
The postnatal recovery allowance = 5 x 30% x 1,490,000 VND = 2,235,000 VND.
* Maternity benefits for Mr. A
- The average monthly salary contribution to social insurance by Mr. A, Mrs. A's husband, for the past 06 months before taking leave was 7 million VND.
- Since Mrs. A had a normal delivery, her husband is entitled to 5 days of paternity leave.
Paternity benefits for Mrs. A's husband = 5 x (100% x 7,000,000 VND / 24) = 1,458,333 VND.
4. Frequently Asked Questions
4.1. How to Claim Maternity Benefits?
In this article, we'll guide you through the procedure for female workers to claim maternity benefits in typical cases (mother and child are alive after birth).
* Prepare documents including: Birth certificate or Baby birth certificate (Copy);
* Submitting documents:
- Deadline: 45 days from the return to work after the maternity leave;
- Where to submit documents:
+ The company where insurance is enrolled. The company will submit documents to the social insurance agency.
+ If resigned before maternity leave, submit documents to the social insurance agency where permanent or temporary residence registered.
- Waiting time to receive maternity benefits:
+ 10 days from the date of receiving complete documents from the company;
+ 05 days from the date of submitting complete documents if female workers submit them directly to the social insurance agency due to resignation before childbirth.
+ Note that in reality, the processing time is often longer than the specified regulations.
4.2. Can you apply for maternity leave before childbirth?
According to Article 34 of the 2014 Social Insurance Law, female workers are entitled to maternity leave before childbirth, but the maximum leave period is not more than 02 months.
4.3. Can you return to work before the end of maternity leave?
- According to Article 40 of the 2014 Social Insurance Law, female workers can return to work before the end of maternity leave if they meet the following two conditions:
Must have taken at least 04 months of maternity leave;
Must notify and obtain consent from the employer.
If allowed to return to work before the end of maternity leave, employees are entitled to: Salary for the days worked and Maternity leave benefits until the end of the maternity leave period.
Here is detailed information on how to calculate maternity benefits when giving birth that we provide. Employees can use the provided information and their own circumstances to calculate the maternity benefits they are entitled to when giving birth.
