The relative of Mr. Tran Van Buon (Dong Thap) is a teacher on maternity leave. According to Decision No. 244/2006/QD-TTg, teachers who directly teach are entitled to preferential allowances for teachers.
According to Joint Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC, preferential allowances for sick leave and maternity leave exceeding the deadline as prescribed in the current Social Insurance Charter are not included.
Mr. Buon asked, are your relatives entitled to preferential teacher allowances if they are on maternity leave for 6 months?
The Ministry of Education and Training responds to this issue as follows:
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 implemented according to the provisions of Decision No. 244/2006/QD-TTg dated October 6, 2005 of the Prime Minister and Joint Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC dated January 23, 2006 of the Ministry of Education and Training, the Ministry of Home Affairs and the Ministry of Finance.
Sub-section 1, Section 1 of Circular 01/2006/TTLT-BGD&DT-BNV-BTC stipulates the allowance level for teachers in public schools on maternity leave as follows:
Scope and subjects of application
a) Teachers (including those who are on the payroll, under contracts, and are directly teaching in public educational institutions in the national education system and schools, centers, and academies under state agencies, the Party, and socio-political organizations (hereinafter referred to as public educational institutions) are funded by the state for their activities (including revenue from the state budget and career revenue sources according to the provisions of law);
b) Teachers (including those on probation or contract) on the payroll of public educational institutions who are general managers of teams and hands-on guidance at schools, stations, campes, and laboratories;
c) Management staff on the payroll of public educational institutions, directly teaching for a full number of hours according to the regulations of competent authorities.
2. Conditions of application
b) Subjects specified in Clause 1, this Section are not eligible for preferential allowances in the following periods:
- Time spent working, working, studying abroad receives 40% of salary as prescribed in Clause 4, Article 8 of Decree No. 204/2004/ND-CP;
- Working or studying abroad without continuous teaching participation for more than 3 months;
- Time off from unpaid private work for 1 month or more;
- sick leave, maternity leave exceeding the deadline prescribed in the current Social Insurance Charter;
- Time of suspension from teaching.
Thus, teachers in public schools on maternity leave are entitled to preferential allowances if they meet the prescribed conditions. However, for maternity leave exceeding the prescribed time limit, it will not be counted for preferential allowances.
