Regulations on maternity benefits for Tet 2024

Maternity benefit is one of the social insurance benefits, this is one of the indispensable policies of any country. This regime aims to stabilize life in terms of economic, social and political aspects. Maternity protection policy in 2024 for employees is stipulated in the 2019 Labor Code. Specifically, SMART SOLUTION FOR BUSINESS COMPANY LIMITED (S4B Vietnam) answers as follows:

1. Maternity protection policy 2024 according to the Labor Code

Pursuant to Article 137 of the 2019 Labor Code, regulations on maternity protection policy are as follows:
– Employers are not allowed to employ employees to work at night, work overtime, or go on long business trips in the following cases:

  • Pregnant from the 7th month or from the 6th month if working in highland, remote, border, or island areas.
  • Are raising a child under 12 months old, unless otherwise agreed by the employee.

Female workers engaged in occupations or tasks involving heavy, toxic, or dangerous work, especially those negatively affecting reproductive and child-rearing functions during pregnancy, can inform the employer. Upon notification, the employer is required to provide the option of transferring the worker to a lighter and safer job or reducing daily working hours by 1 hour. This adjustment is made without any reduction in wages, rights, or benefits for the employee and continues until the end of the child-rearing period, which lasts up to 12 months.

Conditions for Maternity Benefits for Employees

In case the labor contract expires while the female employee is pregnant or raising a child under 12 months old, priority will be given to entering into a new labor contract.

– Female workers during menstruation are entitled to 30 minutes of rest per day, and while raising children under 12 months of age are entitled to 60 minutes of rest per day during working time. During leave time, you will still receive full salary according to the labor contract.

2. Conditions for enjoying maternity benefits 2024

Pursuant to Article 31 of the Law on Social Insurance 2014, conditions for enjoying maternity benefits are as follows:

(1) Employees are entitled to maternity benefits when they fall into one of the following cases:
(i) Pregnant female workers;
(ii) Female workers giving birth;
(iii) Female surrogate mother and surrogate mother;
(iv) Employees adopting children under 6 months old;
(v) Female workers have IUDs inserted, and workers undergo sterilization;
(vi) Male workers who are paying social insurance and whose wives have children.

(2) Employees specified in paragraphs (ii), paragraph (iii), paragraph (iv)(1) of this Section must pay social insurance for 6 months or more within the 12 months before giving birth or adopt a child.

(3) Employees specified in paragraph (ii)(1) of this Section who have paid social insurance for 12 months or more but when pregnant must take time off work to take care of the pregnancy as prescribed by the medical examination and treatment facility. If you have a medical condition, you must pay social insurance for 3 months or more within 12 months before giving birth.

(4) Employees who meet the conditions specified in paragraphs (2) and (3) of this section and terminate their labor contract, employment contract, or quit their job less than 6 months before giving birth or adopting a child are still entitled to maternity benefits according to the provisions of Articles 34, Article 36, Article 38, and Clause 1, Article 39 of the 2014 Law on Social Insurance.

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3. Benefit period for prenatal check-ups 2024

Pursuant to Article 32 of the 2014 Law on Social Insurance, the period of enjoying prenatal check-up benefits for female employees is prescribed as follows:

  • During pregnancy, female employees are allowed to take time off work to go for prenatal checkups 05 times, 1 day each time; If you live far from a medical examination or treatment facility or the pregnant woman has a medical condition or an abnormal fetus, you will be entitled to 2 days off for each prenatal check-up.
  • The maternity leave period specified in this Section is calculated according to working days excluding holidays, New Year holidays, and weekly days off.

4. What are the conditions for male employees to enjoy maternity benefits 2024?

Pursuant to Article 31 of the 2014 Law on Social Insurance, subjects entitled to maternity benefits include:

Conditions for enjoying maternity benefits
– Employees are entitled to maternity benefits when they fall into one of the following cases:
…
d) Employees adopting children under 6 months old;
d) Female workers have IUDs inserted, workers undergo sterilization measures;
e) Male workers who are paying social insurance and whose wives have children.
…
Accordingly, male employees are entitled to maternity benefits when they fall into one of the following three cases:

  • Adoption of children under 6 months old.
  • Carry out sterilization measures.
  • While paying social insurance, his wife has a child.

SMART SOLUTION FOR BUSINESS COMPANY LIMITED (S4B Vietnam)

  • Address: Unit 602A, Tower A, Handi Resco Office Building. 521 Kim Ma Street, Ba Dinh District, Hanoi
  • Tel: + 84 24 3974 4181
  • Email: service@s4b.com.vn

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