Teachers at schools in Khanh Hoa said they have received Document No. 7655/BNV-TL dated November 28, 2024 on preferential allowances for teachers on sick leave and maternity leave.
This document states that teachers on sick leave and maternity leave are not entitled to preferential allowances. However, according to Joint Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC guiding Decision No. 244/2005/QD-TTg, at Point b, Clause 2, Section I, stipulates cases that are not eligible for preferential allowances, in which only sick leave and maternity leave exceeding the term under the Social Insurance Charter are excluded.
Thus, teachers on sick leave and maternity leave not exceeding the deadline are still eligible for preferential allowances. Therefore, the units requested the Ministry of Home Affairs to give opinions and instructions on which documents are the basis for implementation.
Regarding the reflection and recommendation of teachers, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the provisions of the Law on Social Insurance, employees who are sick leaveers and female employees who are maternity benefits are covered by the insurance fund, and employees and employers do not have to pay social insurance.
The Ministry of Education and Training is the agency in charge of submitting to the Prime Minister for promulgation Decision No. 244/2005/QD-TTg dated October 6, 2005 on preferential allowances for teachers who are directly teaching in public educational institutions and presiding over the issuance of Joint Circular No. 01/2006/TTLT-BGD&DT-BNV-BTC dated January 23, 2006 guiding the implementation of Decision No. 244/2005/QD-TTg dated October 6, 2005.
Accordingly, the Department of Salary and Social Insurance, Ministry of Home Affairs requests that teachers forward their feedback and recommendations to the Ministry of Education and Training for discussion and response according to their authority.
According to Sub-section 1, Section 1, Circular 01/2006/TTLT-BGD&DT-BNV-BTC, the allowance level for teachers in public schools on maternity leave is as follows:
Scope and subjects of application: Teachers (including those on probation or contract) who are on the payroll, are directly teaching in public educational institutions in the national education system and schools, centers, academies under state agencies, the Party, 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 according to the provisions of law);
Teachers (including those on probation or contract) on the payroll of public educational institutions who are general managers of teams and practical guidance at workshops, stations, campes, and laboratories;
Management staff on the payroll of public educational institutions directly teach a full number of hours according to the regulations of competent authorities.
The subjects specified in Clause 1 of this Article 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;
Time spent working or studying abroad without continuous teaching participation is more than 3 months; Time spent on personal leave without continuous salary from 1 month or more;
The sick leave and maternity leave exceed the time limit prescribed in the current Social Insurance Charter; The time for teaching suspension.
