From July 1, what is the level of maternity leave and health recovery?

According to current regulations, how much is the level of recuperation and health recovery after maternity leave from July 1, 2023? Please refer to the article below.

Từ 01/7/2023, mức dưỡng sức, phục hồi sức khỏe sau thai sản là bao nhiêu? (Ảnh minh họa - Nguồn: internet)

From July 1, how much is the level of recuperation and health recovery after maternity leave? (Illustration photo - Source: internet)

1. Conditions and time for receiving maternity leave

According to Article 41 of the Law on Social Insurance 2014, the conditions for receiving postpartum health care and recovery benefits are as follows:

- Be a subject participating in compulsory social insurance, eligible for maternity benefits.

- Female workers giving birth or female workers being surrogate mothers.

After enjoying maternity benefits, if your health has not recovered within the first 30 working days, you are entitled to rest and recuperate from 5 to 10 days.

The time off for recuperation and health recovery includes holidays, Tet holidays, and weekly days off. In case there is time off for recuperation and health recovery from the end of the previous year to the beginning of the following year, that time off will be counted for the previous year.

The number of days of rest and recuperation leave is decided by the employer and the Executive Board of the grassroots trade union. In case the employer has not yet established a grassroots trade union, it is decided by the employer. The time for rest and recuperation leave is stipulated as follows:

- Maximum 10 days for female workers giving birth to two or more children at once;

- Maximum 07 days for female employees who have to give birth by surgery;

- Maximum 05 days for other cases.

2. How to calculate maternity leave and health recovery benefits

Clause 3, Article 41 of the Law on Social Insurance 2014 stipulates the level of benefits for recuperation and health recovery after maternity as follows:

Article 41. Recuperation and health recovery after maternity leave

...

3. The level of benefit for recuperation and health recovery after maternity leave is equal to 30% of the basic salary per day.

The amount of maternity benefits will be calculated according to the formula:

Postpartum care allowance = 30% (x) Basic salary (x) number of days off allowed

(In Clause 2, Article 3 of Decree 24/2023/ND-CP, the basic salary in 2023 applied from July 1, 2023 is 1.8 million VND/month)

For example: Female employees give birth and take maternity leave after July 1, 2023, with a total of 7 days of maternity leave, the maternity leave allowance is calculated as follows:

Postpartum care allowance = 7 x 30% x 1,800,000 = 3,780,000 (VND).

3. If I don't take time off work, will I be entitled to postpartum health care and recovery benefits?

According to the provisions of Clause 9, Article 1 of Circular 06/2021/TT-BLDTBXH, adding Clauses 3 and 4 to Article 13 of Circular 59/2015/TT-BLDTBXH:

3. For female employees who have just taken a year off to enjoy recuperation and health recovery benefits after the maternity leave period prescribed in Article 33 of the Law on Social Insurance; or have just taken a year off to enjoy recuperation and health recovery benefits after the maternity leave period prescribed in Clause 1 or Clause 3, Article 34 of the Law on Social Insurance, the time off to enjoy recuperation and health recovery benefits in a year for each case shall not exceed the maximum time prescribed in Clause 2, Article 41 of the Law on Social Insurance.

4. In case the employee does not take leave, he/she will not be entitled to health care and recovery benefits.

During the first 30 working days after the end of maternity leave, if health has not recovered, the employee is entitled to rest and recuperate from 05 to 10 days.

Accordingly, if the employee does not take time off work, he/she will not be entitled to postpartum recuperation and health recovery benefits.

4. Procedures to receive postpartum care allowance

According to point 2.4, clause 2, Article 4 of Decision 166/QD-BHXH in 2019, it is stipulated that:

2.4. In case of receiving social insurance benefits after illness, maternity, work-related accidents, and occupational diseases: The documents as prescribed in Clause 3, Article 100, Clause 5, Article 101 of the Law on Social Insurance; Clause 1, Article 60 of the Law on Occupational Safety and Health is List 01B-HSB prepared by the employer.

Thus, if an employee wants to take maternity leave, they must have the consent of the employer. The employer will prepare a profile for the employee to receive benefits and send it to the social insurance agency.

Source