1. Latest method of calculating postpartum leave benefits:

According to Article 13 of Circular No. 59/2015/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Social Insurance Law on compulsory social insurance, and according to the provisions of Point c, Clause 3, Article 3 of Decree No. 115/2015/ND-CP of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance (later amended). by Circular 06/2021/TT-BLDTBXH amending and supplementing Circular 59/2015/TT-BLDTBXH on compulsory social insurance) and Article 41 of the Law on Social Insurance 2019, conditions for enjoying health care benefits and postpartum recovery as follows:

– Be a participant in compulsory social insurance and eligible to enjoy maternity benefits;

– Female employees participating in social insurance give birth or female employees are surrogate mothers (for humanitarian purposes).

Female employees immediately after receiving maternity benefits according to the provisions of law are specifically stipulated in Articles 33 and 34 of the 2019 Law on Social Insurance, during the first 30 days of work, If it is found that the woman's health has not recovered, she will be entitled to a health recovery leave for a period of 5 to 10 days. The rest period for female employees participating in social insurance will include holidays, New Year holidays and weekly breaks in accordance with the provisions of law. If a school has a period of rest and recovery from the end of the previous year to the beginning of the next year, this period will be counted in the previous year. Accordingly, the amount of leave for convalescence and health recovery of female employees participating in the social insurance regime will be determined by the competent entity, which is the employer and the grassroots trade union executive committee. decided that, in case the employer has not yet established a grassroots union, the number of days of rest and recovery for female employees will be decided by the employer. The period of rest and recovery for female employees after maternity leave will be regulated as follows:

– Maximum 10 days for female employees when the employee gives birth to two or more children at once;

– Maximum 07 days for female employees giving birth and having to undergo surgery;

– Maximum 05 days for other common cases.

Accordingly, the method of calculating benefits for convalescence and health recovery after maternity is applied according to the following formula:

The base salary according to current law regulations based on Decree 24/2023/ND-CP stipulating the base salary for officials, civil servants, public employees and the armed forces, will be determined. set at 1,800,000 VND/month. Accordingly, female employees who return to work at the company but find that their health is not guaranteed and need to rest for a period of time to recover will be entitled to health benefits. and health recovery after maternity is 540,000 VND/day.

For example: If a female employee gives birth, participates in social insurance, and takes post-maternity leave after July 1, 2023, with a total number of days of leave of 10 days, the pension will be paid. Postpartum health is calculated according to the following formula:

2. Deadline for submitting applications and processing postpartum convalescent leave:

Pursuant to the provisions of Article 103 of the Social Insurance Law 2019, there are regulations on the issue of convalescence and post-maternity recovery benefits for female employees participating in the social insurance regime. festival. Accordingly, within a period of 10 days from the date the female employee is considered fully eligible to receive convalescence and health recovery benefits after maternity, the employer will. It is necessary to conduct a list preparation activity and submit that list to the social insurance agency. In addition, based on the provisions in Article 5 of Decision 166/QD-BHXH 2019 Procedures for handling social insurance benefits, there are specific instructions on the handling and payment responsibilities of the agency. Social insurance for postpartum convalescent leave for female employees is as follows:

– In case the employer requests, within a maximum of 06 working days from the date of receiving the employer's request, the social insurance agency must be responsible for paying the benefits. postpartum convalescent leave for employees;

– In case the employee or the employee's relative submits an application directly to the social insurance agency to apply for postpartum convalescent leave, the maximum period of 03 working days is calculated from the date of birth. On receipt of complete and valid documents, the social insurance agency must proceed with payment of convalescence benefits for female employees.

Accordingly, it can be said that within a period of 10 working days from the date the female employee is fully eligible to receive health benefits after maternity leave, the employer needs to conduct the activity of making a list and submit that list to the social insurance agency. The application will be processed by the social insurance agency within 06 working days from the date of receipt of the valid application.

3. Procedures for receiving postpartum convalescent leave:

It can be said that the postpartum convalescent leave regime for female employees participating in social insurance is one of the benefits that employees are entitled to enjoy after being deemed ineligible for health conditions to continue. Continue working at the company. To be able to enjoy postpartum convalescent leave, female employees need to complete the following stages:

Step 1: Female workers also prepare documents and apply for postpartum convalescent leave. That means the employee needs to submit documents to the employer where the female employee is working and paying social insurance.

Step 2: The employer will conduct a review of the submitted documents of the employees. If they consider that the employees are fully qualified to receive postpartum convalescence benefits, they will approve the application and make a decision. plan to take leave so that those workers can take leave to recover after giving birth. The decision must clearly state the time off for postpartum recovery for female employees.

Step 3: Female employees will receive results from the employer. After that, the employer and units will carry out the activities of making a list and carrying out the necessary procedures to send the dossier to the social insurance agency. Applications can be submitted directly to the social insurance agency or through the postal service.

Step 4:Within 06 working days from the date of receipt of the dossier, the social insurance agency will have to process the dossier according to the provisions of law. The social insurance agency will pay for convalescence and health recovery benefits for female employees.

Step 5: The social insurance agency will pay the postpartum convalescence allowance to the employer and the employee will receive the postpartum convalescence allowance from his or her employer. The formula to calculate postpartum convalescence benefits will be applied according to the above formula.

Legal documents used in the article:

– Labor Code 2019;

– Law on Social Insurance 2019;

– Decree No. 115/2015/ND-CP of the Government detailing a number of articles of the Social Insurance Law on compulsory social insurance;

– Circular 06/2021/TT-BLDTBXH amending and supplementing Circular 59/2015/TT-BLDTBXH on compulsory social insurance.