Regulations on preferential allowances for teachers on maternity leave?

GD&TĐ - Readers asked about regulations on preferential allowances for teachers on maternity leave.

According to Joint Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC dated January 23, 2006 guiding the implementation of Decision No. 244/2005/QD-TTg dated October 6, 2005 of the Prime Minister on preferential allowances for teachers directly teaching in public educational institutions, it stipulates that the subjects are not entitled to preferential allowances: "... Sick leave and maternity leave exceeding the time prescribed by the current Social Insurance Regulations".

However, in Official Dispatch No. 649/NGCBQLGD-CSNGCB dated June 3, 2024 of the Ministry of Education and Training guiding the implementation of preferential allowances for teachers, it is stated: "... Teachers who take sick leave or maternity leave within the time limit prescribed by law are entitled to receive salary according to current social insurance regulations, do not directly participate in teaching and are not eligible for preferential allowances for teachers".

May I ask, which document applies to the calculation of preferential allowances according to Decision No. 244/2005/QD-TTg for teachers on maternity leave within the period prescribed by the Law on Social Insurance? Phung My Dung (mydung***@gmail.com)

* Reply:

From January 1, 2007, the name of the Social Insurance Regulations was replaced by the Social Insurance Law. The Social Insurance Law stipulates that maternity regime is compulsory social insurance. Regarding the content of maternity regime regulations, the Social Insurance Law 2014 (currently in effect) has a separate section on maternity regime (Section 2, Chapter III), in addition, there are related documents regulating maternity regime for employees (Decree No. 115/2015/ND-CP, Circular No. 59/2015/TT-BLDTBXH, Circular No. 06/2021/TT-BLDTBXH).

The Law on Social Insurance does not regulate issues related to preferential allowances for employees in various professions. Regulations on preferential allowances for teachers who are directly teaching in public educational institutions are the contents stipulated in Decision 244/2005/QD-TTg, Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC, which are documents still in effect.

For any questions or concerns about policies for teachers, please send them to the column: Readers' mailbox - Education & Times Newspaper: 15 Hai Ba Trung (Cua Nam, Hanoi ).

Email: bandocgdtd@gmail.com

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