The issue of allowances has always received much attention from many teachers. The Ministry of Education and Training has received many questions related to this topic, including a question from Ms. B.T.N as follows: "Teachers in kindergartens, primary schools, and secondary schools during maternity leave in accordance with regulations, do employers have to pay allowances according to their salaries to teachers? Are teachers on maternity leave who do not exceed the prescribed time entitled to preferential allowances?"
The Ministry of Education and Training responded to this issue on the Government Electronic Information Portal as follows:
From January 1, 2007, the name of the Social Insurance Charter (SI) has been replaced by the Social Insurance Law. The Social Insurance Law stipulates that maternity benefits are compulsory social insurance.
Regarding the content of maternity benefits, the Social Insurance Law 2014 (currently in effect) has a separate section on maternity benefits (Doc 2 Chapter III), in addition to related documents regulating maternity benefits for employees. The Social Insurance Law does not regulate issues related to preferential allowances for employees in different industries.
Regulations on preferential allowances for teachers who are directly teaching in public educational institutions are the contents stipulated in Decision No. 244/2005/QD-TTg, Circular No. 01/2006/TT-BGD&DT-BNV-BTC, which are documents that are still in effect.
Details of preferential allowances for teachers can be found HERE.
Article 31, Section 2, Chapter III, Law on Social Insurance 2014 stipulates the conditions for enjoying maternity benefits as follows:
1. Employees are entitled to maternity benefits when they fall into one of the following cases:
a) Pregnant female workers;
b) Female and child laborers;
c) Female surrogate mothers and mothers who have asked them to surrender;
d) Employees adopting children under 06 months old;
d) Female workers placing birth control devices, workers performing reproductive measures;
e) Male employees who are paying social insurance and have children with their wives.
2. Employees specified in Points b, c and d, Clause 1 of this Article must pay social insurance for at least 06 months within 12 months before giving birth or adopting a child.
3. Employees specified in Point b, Clause 1 of this Article who have paid social insurance for 12 months or more and must take a leave of absence for pregnancy as prescribed by a competent medical examination and treatment facility must pay social insurance for 03 months or more within 12 months before giving birth.
4. Employees who meet the conditions specified in Clauses 2 and 3 of this Article but terminate their labor contract, employment contract or quit their job before giving birth or adopting a child under 6 months old are still entitled to maternity benefits as prescribed in Articles 34, 36, 38 and Clause 1, Article 39 of this Law.
