Maternity leave and post-partum recovery are supported by organizations across the globe. However, many new mothers are unsure about the process and requirements for applying for this benefit. Let’s explore the details together.
1 Who is Eligible for Post-Natal Recovery Benefits?
Eligibility for Post-Natal Recovery Benefits
According to Clause 1, Article 41 of the Social Insurance Law, and as guided by Article 13 of Circular No. 59/2015/TT-BLDTBXH, the subjects entitled to Recovery and Rehabilitation after childbirth are: Female laborers and female laborers carrying a pregnancy (who are participating in compulsory social insurance).
2 Conditions for Entitlement to Post-Natal Recovery Benefits
Conditions for Entitlement to Post-Natal Recovery Benefits
Eligibility for Maternity Benefits:
- Pregnant female laborers
- Female laborers who have given birth
- Female laborers carrying a pregnancy and the biological mother
- Laborers who have adopted a child under 06 months of age
- Female laborers who have had a contraceptive device inserted or undergone sterilization
- Male laborers with social insurance coverage whose wives have given birth
- After enjoying maternity benefits for about 30 working days, the health has not recovered.
3 Post-Natal Recovery Benefits
Post-Natal Recovery Benefits
Recovery Period
The recovery period is stipulated in Clause 2, Article 41 of the Law on Social Insurance:
- Maximum of 10 days: For female laborers who give birth to two or more children at a time.
- Maximum of 07 days: For female laborers who undergo a surgical procedure during childbirth.
- Maximum of 05 days: For cases of normal delivery, miscarriage, stillbirth, abortion due to medical reasons, or child death after birth.
Allowance for Recovery Period
According to Clause 3, Article 41 of the Law on Social Insurance: The daily allowance for the regime of rest and recovery of health after childbirth is 30% of the basic salary (the 2021 basic salary is VND 1,490,000).
4 Documents Required for Post-Natal Recovery Benefits
What are the Documents Required for Post-Natal Recovery Benefits?
Deadline for Submission
Within 10 days from the date the employee is eligible for post-natal recovery benefits, the employer shall establish a list and send it to the social insurance agency.
Application Form
Please refer to the detailed Form 01B-HSB under Decision No. 166/QD-BHXH to know how to establish the form: Form 01B-HSB under Decision 166/QD-BHXH.
5 Procedure for Applying for Post-Natal Recovery Benefits
Procedure for Applying for Post-Natal Recovery Benefits
The following is the procedure for applying for post-natal recovery benefits, which you can refer to:
Step 1: The employee applies for leave to recover after childbirth
Step 2: The enterprise approves the employee’s application and makes a decision to grant the leave.
Step 3: The enterprise reports the increase in labor, and after receiving the result, proceeds to step 4.
Step 4: The enterprise applies for post-natal recovery benefits using Form 01B-HSB under Decision 166/QD-BHXH and sends it by post to the social insurance agency.
Step 5: The social insurance agency processes the application (within a maximum of 06 days from the date the employer submits the full application) and will settle and pay the regime to the employee.
The above information is a helpful guide on the procedures and requirements for post-natal recovery benefits. Hopefully, you can follow the correct procedures and receive the benefits as stipulated by law.
Introducing a New Maternity Benefit Allowance, Starting from August 2023
Starting from July 1, 2023, the base salary has increased, which means that the maternity leave benefits have also been raised.