5 new social insurance benefits for employees effective from September 1

We would like to introduce to readers the important new points stipulated in Circular 06/2021 on social insurance regime for employees and pregnant female employees.

More cases where husbands are entitled to benefits when their wives give birth

According to Circular 59/2015, the husband is entitled to receive a one-time allowance when his wife gives birth if he falls into one of the following two cases: 1) If only the father participates in social insurance, the father must have paid for at least six months in the 12 months before the birth of the child; 2) The husband of the surrogate mother must paySocial insurancefrom six months or more within 12 months up to the time of adoption.

Regarding maternity benefits for male employees when their wives give birth, Circular 06/2021 has added an important provision clarifying which employees are entitled to this type of allowance.

Leaders of Thanh Chuong District Labor Federation speak at a health care program for union members and workers. Photo: Contributor

Accordingly, if the mother participates in social insurance but is not eligible for maternity benefits when giving birth, and the father has paid social insurance for six months or more within 12 months before giving birth, the father is entitled to a one-time allowance when giving birth at the rate of two months of basic salary/child.

Thus, in case both husband and wife participate in social insurance but the wife is not eligible for maternity benefits, the husband who has paid social insurance for six months in the 12 months before giving birth will receive a one-time allowance upon giving birth equal to two months of basic salary in the month of birth for each child.

In addition, Circular 06/2021 also adds regulations on maternity leave for male employees when their wives give birth. Accordingly, if they take multiple leaves, the last leave must still start within the first 30 days from the date the wife gives birth and the total leave period for maternity benefits must not exceed the prescribed time.

Maternity leave for twins or more

Clause 6, Article 1, Circular 06/2021 stipulates that in case a female employee is pregnant with twins or more and one child dies or is stillborn, the maternity allowance period when giving birth and the one-time allowance when giving birth are calculated based on the number of children born, including the dead or stillborn child.

Thus, maternity benefits are calculated based on the number of children a female worker has given birth to, regardless of whether they are alive or dead.

Representatives of the Provincial Labor Federation presented gifts to employees of the Education Department of Nghe An province. Photo: Duc Anh

Currently, according to Clause 3, Article 10, Circular 59/2015, if a pregnant employee has twins or more and the fetus dies or is stillborn, the maternity regime will only be applied to the surviving child, but the time off work to enjoy the regime is still calculated according to the number of children born.

Conditions for receiving postpartum care benefits

According to Clause 1, Article 41 of the 2014 Law on Social Insurance, female employees who have not recovered their health within the first 30 working days after receiving maternity benefits are entitled to 5-10 days off to recuperate and recover their health.

According to Clause 8, Article 1, Circular 06/2021, the first 30 working days are determined from the date of expiration of the maternity leave period when the employee's health has not recovered.

Currently, Circular 59/2015 does not provide instructions on how to calculate this period.

Changes in salary for sick leave

Pursuant to Clause 3, Article 1, Circular 06/2021, employees participating in compulsory social insurance when they are sick, have an accident (not a work accident), or take leave to take care of a sick child under 7 years old for 14 working days or more in a month (including cases of unpaid leave), the level of sick leave benefits is calculated based on the salary level of social insurance contribution of the month immediately preceding the leave.

Even if the employee continues to be sick in the following months and has to take time off work, the sick leave benefit will be calculated based on the monthly salary used as the basis for social insurance contributions in the month immediately preceding the time off work.

Currently, the level of sick leave benefits is calculated based on the monthly salary used as the basis for social insurance contributions in the month the employee is on sick leave.