Maternity regime 2018 has 8 additional laws, which apply not only when a mother gives birth but also from the first day she knows she is pregnant. That means the latest maternity regime will cover the whole pregnancy period and maternity leave months after giving birth.

During pregnancy and obstetric complications

Maternity regime 2018 will come into effect from the first day you find out you are pregnant. Accordingly, during pregnancy, you are allowed to take time off work to go to antenatal care 5 times, 1 time each time. Even pregnant mothers who are far away from medical facilities or whose pregnancy requires special care will be entitled to 2 days off for each prenatal check-up.

In addition, if during pregnancy there are obstetric complications such as miscarriage, stillbirth, premature birth, etc., you will enjoy the following priority regime:

+ Less than 1 month if miscarriage: 10 days leave;

+ From 1-3 months if miscarriage: 20 days leave;

+ From 4-5 months if miscarriage: 3-6 months leave;

+ From 6 months if miscarriage: Leave for 6 months or more.

Note: Among these days, the total is included public holidays, Tet and weekly holidays.

The maternity regime when giving birth is applied as follows:

- Vacation time:

You are entitled to 6 months of maternity leave before and after giving birth, of which the period of maternity leave must not exceed 2 months. For mothers who fall into special circumstances, the calculation is as follows:

+ Multiple pregnancy: From the 2nd baby onwards, you will be counted 1 month more in the time off.

+ Extra leave: If you need extra leave, you can apply for unpaid leave.

+ Going to work early: If you are healthy enough to return to work before the leave period, you will still receive the prescribed maternity allowance, and receive additional wages for your working days.

- Maternity allowance:

After giving birth, the mother is entitled to 100% of the average monthly salary of the 6 months preceding the birth. In addition, there is also a one-time allowance when giving birth and adopting a child under 6 months old, equivalent to 2 months of common minimum salary for each child.

In particular, according to the Resolution on State budget estimates in 2018 (just approved by the National Assembly on November 13, 2017), the base salary will increase from 1,300,000 VND/month to 1,390,000 VND/month. month from July 1, 2018. Thus, the maternity allowance will also be adjusted to increase from July 1, 2018 to be consistent with Article 38 of the Law on Social Insurance 2014.

Specifically, the one-time allowance for childbirth or child adoption will increase from the current level of VND 2,600,000 per child to VND 2,780,000.

- Support after birth:

Within 30 days from the first working day after maternity leave, you have the right to apply for additional leave to recover, and receive 30% general minimum wage/day in case of stay at home, or 40% general minimum wage/day if staying at a centralized facility.

8 new social insurance laws on maternity leave in 2018:

1. Law on social insurance supplementing maternity benefits for husbands

– In case only the father participates in social insurance: At this time, if the wife gives birth to a child, the father is entitled to a one-time allowance equal to 2 months of basic salary for each child. In addition, the husband who pays social insurance premiums when his wife gives birth to a child is also entitled to a leave of absence from work from 5 to 14 days allowed under the maternity regime. Specifically, the number of days off is as follows:

+ 5 working days off if the mother gives birth normally;

+ 7 working days off if the wife gives birth to a child requiring surgery, and the child gives birth under 32 weeks old;

+ 10 working days off if wife gives birth to twins. From 3rd birth onwards, each child adds 3 working days;

+ Take 14 working days off if the wife has twins or more and has to have surgery.

Note: The period of maternity leave as prescribed in this Clause is calculated within the first 30 days from the date the wife gives birth.

2. Regimen for convalescence and health recovery after maternity

As a rule, the mode of convalescence and health recovery after maternity is from 5-10 days during the first 30 days of work. This is a different point from the previous regulation, which was applied for 1 year. For example, if the mother has a convalescence and health recovery period from the end of 2017 to the beginning of next year, in 2018, that time will still be counted for the previous year if according to the previous regulations. But now it's based on the first 30 working days.

The level of enjoyment of the convalescence and health rehabilitation regime after maternity for one day will be generally equal to 30% of the base salary. Before that, I was only entitled to 25%, moms. If this mother has a high salary, the increase is also significant!

Also, if the mother is teacher If a lecturer has a summer vacation in accordance with state regulations and is born in the summer month, you will be entitled to an additional 2 months of compensatory leave. That means a total of 8 months, but Social Security will not calculate salary for 2 months of compensatory leave.

After giving birth, but unfortunately the child dies, according to the regulations, you will be entitled to 4 months of leave from the date of birth. In addition, based on Article 38 of the Law on Social Insurance 2014 (which is still applicable until 2018) on the one-time allowance when giving birth:

“Article 38: One-time allowance for childbirth or child adoption

Labor schoolgirl Children or employees who adopt children under 06 months of age are entitled to a lump-sum allowance for each child equal to 02 times the base salary in the working month. schoolgirl child or the month the employee adopts the child”.

Therefore, in case of losing a child after birth, the mother will receive an allowance equal to 2 times the base salary.

In addition, after giving birth, but the mother's health is still weak, she can take a convalescence to recover her health after giving birth according to the provisions of Article 41 of the Law on Social Insurance 2014 (still applicable until 2018). after:

Female employees immediately after enjoying the maternity regime specified in Article 33, Clause 1 or Clause 3, Article 34 of this Law, within the first 30 working days, but their health has not yet recovered, they shall be entitled to convalescence. health recovery from 05 days to 10 days. The time of convalescence and recovery includes public holidays, New Year holidays, and weekly rest days.

In case there is a period of convalescence and health rehabilitation from the end of the previous year to the beginning of the next year, such time off shall be counted for the previous year.

The number of days of convalescence and health rehabilitation prescribed in Clause 1 of this Article shall be decided by the employer and the grassroots trade union executive committee, in case the employer has not yet established a grassroots trade union. is decided by the employer. The time for convalescence and health rehabilitation is prescribed as follows:

a) Up to 10 days for labor schoolgirl one time from two or more children;

b) Up to 07 days for labor schoolgirl the child has to have surgery;

c) Up to 5 days for other cases.

The level of enjoyment of the convalescence and health rehabilitation regime after maternity for one day is equal to 30% of the base salary.

In case the mother dies after giving birth:

According to the law, in case both parents participate in social insurance and the mother dies after giving birth, the father is entitled to take leave to enjoy the maternity regime for the rest of the mother's time. will be calculated as the average of 06 consecutive months of salary paid for social insurance before taking leave to enjoy the maternity regime of the father. In case, the father has just joined the social insurance but has not paid for full 06 months, the benefit rate will be calculated on the average salary paid for social insurance for the months in which the father has paid social insurance.

If the mother is ineligible for maternity benefits upon giving birth, the father or the direct carer will be entitled to a leave of absence from work to enjoy the maternity regime when the child is full 6 months old, and if the father or the direct adopter does not take a leave of absence, the In addition to that salary, she is also entitled to the maternity regime with the remaining time of the mother according to regulations.

4. Going to work early

The new regulation on early employment will be INCREATED the time after giving birth from full 60 days or more to at least 4 months. The new law also stipulates that maternity leave must be notified in advance and approved by the employer before you can take the leave.

In addition to the salary of those working days, any mother who works before the end of the maternity leave period will still be entitled to the maternity regime until the full 6 months.

5. Mode of miscarriage, abortion or stillbirth

In case of miscarriage, abortion or stillbirth, female employees are entitled to 10 days of leave if the pregnancy is under 5 weeks, 20 days of leave. 40 days. If your pregnancy is from 13 weeks to 25 weeks, you will take 50 days off if your pregnancy is 25 weeks or more.

6. Maternity regime when adopting children

The maternity leave period when adopting a child is adjusted as follows: when the child is full 4 months old or older until the child is full 6 months old. In case both parents participate in social insurance and fully meet the conditions for enjoying the maternity regime as prescribed, only one parent is entitled to take leave to enjoy the regime.

7. Conditions for enjoying the maternity regime

Labor case schoolgirl Children, asking for surrogacy, surrogacy, or adoption must all meet the following conditions:

- Pay social insurance contributions for full 06 months or more within 12 months before giving birth or adopting a child.

If you have to stop working to take care of your pregnancy as prescribed by a medical facility, you must have paid social insurance premiums for 3 months or more during the 12 months before giving birth to enjoy the maternity benefits.

- If the conditions for payment of social insurance premiums are met, but terminate the labor contract before giving birth or adopting a child under 6 months old, they will still be entitled to the maternity regime as prescribed.

In particular, adding the case that only the father participates in social insurance, when the wife gives birth to a child, the father is entitled to a one-time allowance equal to 2 months' basic salary for each child.

8. Maternity for surrogate mothers

From January 1, 2016 when there is a new Law on Social Insurance, policy for gestational surrogacy has just begun to be applied. Specifically:

The surrogate mother is entitled to the maternity regime for antenatal care, miscarriage or abortion, and stillbirth, etc. from the time of pregnancy until the time of handing over the child, the mother will ask for gestational surrogacy, but that time must be should not exceed 6 months.

If the maternity leave period is less than 60 days from the date of childbirth to the time of handing over the child, the maternity regime will still be enjoyed until full 60 days, including holidays and leave Tet holiday, weekly rest day.

In addition, the mother asking for surrogacy is also entitled to the maternity regime from the time of receiving the child until the child is 6 months old like other mothers!