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If the agency has not increased the salary according to the basic salary, how is maternity pay calculated?

Báo Dân tríBáo Dân trí16/07/2024


Cơ quan chưa nâng lương theo lương cơ sở thì tiền thai sản tính sao? - 1

Maternity benefits for female workers in the budget salary sector when giving birth will increase significantly since the new basic salary is applied (Illustration photo: Tien Tuan).

Ms. Thao works at a unit receiving salary from the budget, the basic salary is based on the salary coefficient multiplied by the basic salary. In June 2024, her salary was increased from coefficient 3.33 to 3.66.

From July 1, 2024, the basic salary will officially increase from 1.8 million VND/month to 2.34 million VND/month. However, according to the regulations of Ms. Thao's agency, the salary increase for staff in the unit will not be implemented until the end of the year.

"I will be on maternity leave in September 2024. So when I am on maternity leave, what salary level will my maternity pay be calculated at?", Ms. Thao wondered.

According to Vietnam Social Security, the conditions for enjoying maternity benefits for female employees giving birth are stipulated in Clause 2 and Clause 3, Article 31 of the 2014 Law on Social Security.

Accordingly, employees must pay social insurance for at least 6 months within 12 months before giving birth; or if they have paid social insurance for at least 12 months but must take time off work to rest during pregnancy as prescribed by a competent medical facility, they must pay social insurance for at least 3 months within 12 months before giving birth.

The level of maternity allowance is stipulated in Clause 1, Article 39 of the Law on Social Insurance 2014. Accordingly, the level of maternity allowance for 1 month is equal to 100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave.

Thus, in Ms. Thao's case, if she is eligible for maternity benefits, the Social Insurance agency will calculate the average monthly salary for social insurance contributions for the 6 months before leaving work based on the actual salary for social insurance contributions in those 6 months. From the above average level, her maternity allowance will be calculated.

According to Vietnam Social Security, if Ms. Thao's unit decides to increase her salary after she has received maternity benefits at the old salary level, the unit must complete procedures to adjust her social insurance contribution level and pay late social insurance payment.

After that, Ms. Thao will have her maternity allowance adjusted according to the new salary level and will be entitled to receive the difference in the increase due to the adjustment of the corresponding salary level for which social insurance has been paid.



Source: https://dantri.com.vn/an-sinh/co-quan-chua-nang-luong-theo-luong-co-so-thi-tien-thai-san-tinh-sao-20240713182035919.htm

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