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Maternity leave for teachers has been clearly stipulated by law in the maternity leave regime for female employees.

Conditions for enjoying maternity leave

Maternity leave for teachers is similar to the conditions for female employees’ maternity leave. According to Article 31 of the Law on Social Insurance 2014, the conditions for teachers to enjoy maternity benefits are as follows:

– Teachers must pay social insurance premiums for 6 months or more within 12 months before giving birth (Clause 2, Article 31 of the Law on Social Insurance). If you have to take maternity leave at the request of a competent medical facility, you must pay the insurance premiums for at least 3 months in the 12 months before giving birth.

Female teachers who do not fully pay 6 months of social insurance in the 12 months before giving birth or before adopting a child will be entitled to benefits during antenatal check-up, miscarriage…

– In case a female teacher fails to fully pay 6 months of social insurance in the 12 months before giving birth or before adopting a child, she will be entitled to benefits during antenatal check-up, miscarriage, abortion, abortion, stillbirth or abortion. Pathological pregnancy or death of the mother after giving birth according to the provisions of Point a, Clause 1, Article 39 of the Law on Social Insurance 2014.

How to calculate social insurance for maternity benefits?

During maternity leave, teachers receive some allowance from the social insurance agency.

According to the law, the teacher’s maternity leave will be calculated including allowances and specific allowances such as one-time maternity allowance, maternity leave and class allowance (depending on the level of education). teaching, different industries where teachers on maternity leave can receive class allowances from 25% – 50%).

According to the teacher’s maternity regime in 2022, when taking maternity leave, teachers will not receive a salary but will receive a one-time maternity allowance. This allowance will be equal to twice the monthly base salary of female employees (According to the Government’s regulations, the base salary is currently 1.49 million VND/month).

This allowance according to the teacher’s leave regime will be calculated separately for each child, if two children are born, it will be doubled, 3 children will be charged three times…

During the maternity leave period, a teacher is entitled to 100% of the average monthly salary on which social insurance premiums are based for the 6 months prior to the teacher’s maternity leave.

In case the payment of social insurance premiums is less than 6 months, the benefit during the period of leave for antenatal care, miscarriage, abortion, abortion, stillbirth or pathological abortion is calculated by the average salary of the month of payment of social insurance (according to point a) Clause 1, Article 39 of Law on Social Insurance 2014).

Within the first 30 days of returning to work after a maternity leave, if their health has not yet recovered, teachers are also entitled to convalescence. According to Article 41 of Law on Social Insurance 2014, the time off is from 5 to 10 days, the daily convalescence allowance is equal to 30% of the base salary.

In addition, teachers will receive an additional class allowance during pregnancy. This class allowance will be calculated based on the salary received.

Procedures for enjoying the regime

Pursuant to Article 101 of Law on Social Insurance 2014 and Article 9 of Decision 166/QD-BHXH, teachers and schools need to prepare the following documents to receive the full maternity benefits for teachers.

Dossiers for carrying out procedures for maternity benefits upon childbirth include: A copy of the child’s birth certificate or birth certificate; A certificate from a medical examination and treatment facility that the mother is not healthy enough to take care of her child after giving birth; Extract a copy of the mother’s medical record or hospital discharge certificate in case the child dies after birth without a birth certificate; A copy of the child’s death certificate in case the child dies; A copy of the mother’s death certificate in case the mother dies after giving birth; Certificate of maternity leave.

Dossier for carrying out the procedures for enjoying the benefits for antenatal care, miscarriage, abortion, abortion, stillbirth or pathological abortion, and taking contraceptive measures include: Certificate of leave for social insurance benefits if the treatment is outpatient; Hospital discharge certificate if inpatient treatment.

Dossier to carry out procedures for receiving the adoption regime for a child under 6 months old includes: Adoption certificate.

Dossier to enjoy benefits for male employees who quit their jobs when their wives give birth include: A copy of the birth certificate or birth certificate of the child; Certificate of medical establishment in case of giving birth by caesarean section or giving birth to a baby under 32 weeks of age.

Time to submit the application for maternity leave: 45 days from the date of return to work, the teacher must submit the application to the school; 10 days after receiving the teacher’s complete dossier, it must be submitted to the insurance agency; The social insurance agency shall pay the maternity pay for the employee within 10 days from the date of receipt of a complete dossier from the employer and 5 working days from the date of receipt of a complete dossier from the employee who quits his job before giving birth. , adoption.