On September 08, 2016, Ministry of Labor – Invalids and Social Affairs issued Official Letter No. 3432/LĐTBXH-BHXH regarding the disposition of social insurance benefits under the 2014’s Law on social insurance. Accordingly, the official letter specifies some articles of social insurance benefits as follows:
1. Illness benefit
An employed person contributing to the sickness and maternity fund under compulsory social insurance shall receive a sickness benefit commensurate with the most recent month’s salary from which social insurance contribution was calculated prior to his paid or unpaid absence for the duration of at least 14 work days due to his falling sick, having a non-occupational accident or giving care to his sick child of less than 7 years of age. If that person’s sickness persists and prolongs his inevitable absence from work in subsequent months, the sickness benefit shall be based on the most recent month’s salary from which social insurance contribution was calculated prior to his absence.
2. Maternity benefit
- A pregnant female worker having contributed to social insurance for at least 12 months, if taking a maternity leave prescribed by a competent health care facility, is required to have contributed to social insurance for at least 03 of the 12 months prior to her giving birth. Law on social insurance and guiding documents do not define the minimum length of maternity leave that enables the maternity benefit stated above.
- The one-time childbirth benefit, in case only the father contributes to social insurance, shall be granted to the mother despite her ineligibility for such benefit providing that the father meets the requirements specified in Section 2, Article 9 of the Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 by the Ministry of Labor – Invalids and Social affairs.
- The father shall be granted paternity leave until the child turns 06 months old if solely the father contributes to social insurance for any length of time and the mother is unfit to attend to the child due to her childbirth complication(s) confirmed by a competent health care facility.
- A male worker contributing to the sickness and maternity fund under compulsory social insurance, when his wife gives birth, can take paternity leave on separate days totaling the duration specified in Clause 2, Article 34 of the Law on social insurance.
A male worker shall take paternity leave within 30 days from the date that his wife gives birth. If he takes leave on separate days, his last period of leave must be initiated within 30 days upon his wife’s childbirth.
