Enjoy maternity insurance are the benefits of employees participating in social insurance. This regime ensures income, supports medical expenses and rest time for female employees who are pregnant, give birth or adopt a child. The article below will provide detailed information about the subjects, conditions, and duration of maternity benefits according to current regulations of Vietnamese law.

Subjects entitled to maternity insurance

Pursuant to Article 30 of the Law on Social Insurance 2014 (Social Insurance), maternity benefits apply to employees specified in Points a, b, c, d, dd and h, Clause 1, Article 2 of the Law on Social Insurance 2014. Subjects Specific include:

• People working under labor contracts with indefinite term, definite term, seasonal or certain jobs with a term of from 03 full months to less than 12 months
• People working under labor contracts with a term from 1 full month to less than 3 months
• Officials, civil servants, and public employees
• Defense workers, police, and other workers in cipher organizations
• Officers and professional soldiers of the People’s Army; officers and non-commissioned officers with professional and technical expertise of the People’s Public Security; People who do cipher work are paid the same as soldiers
• Business managers and cooperative managers receive a salary

Identifying the right beneficiaries of maternity benefits helps employees clearly understand their rights. The above subjects are all entitled to maternity benefits when they meet the prescribed conditions.

Conditions for receiving maternity insurance

Pursuant to Article 31 of the Law on Social Insurance 2014, conditions for maternity benefits are as follows:

• Pregnant female workers
• Female workers give birth
• Female surrogate mother and surrogate mother
• Employees adopting children under 6 months old
• Female workers have IUDs inserted, and workers undergo sterilization
• A male worker who is paying social insurance and whose wife has given birth to a child

Employees who give birth or adopt a child must pay social insurance for 6 months or more within the 12 months before giving birth or adopting a child.

In case a female employee gives birth and has paid social insurance for 12 months or more, and must take time off work to take care of the pregnancy as prescribed by a competent medical facility, she must pay social insurance for 3 full months. months or more in the 12 months before giving birth.

Eligible employees who terminate their labor contract, work contract or quit their job before giving birth or adopting a child under 6 months of age are still entitled to maternity benefits according to regulations.

Maternity insurance coverage period

Enjoy maternity benefits during prenatal check-ups

According to Article 32 of the Law on Social Insurance 2014, the benefit period for prenatal check-ups is as follows:

• Female employees are entitled to leave work to go for prenatal checkups 5 times, 1 day each time
• In case you live far from a medical facility or have an abnormal pregnancy, you will be entitled to 2 days off for each prenatal check-up.
• The maternity leave period is calculated based on working days, excluding holidays, Tet, and weekly days off.

The prenatal check-up regime helps pregnant female workers have their health monitored periodically, detecting abnormalities early to take timely measures. Specifying the number and duration of leave for prenatal check-ups creates favorable conditions for employees to exercise this right.

Enjoy maternity benefits when having a miscarriage

Pursuant to Article 33 of the Law on Social Insurance 2014 , the maternity leave period for miscarriage, abortion, stillbirth or pathological abortion is as follows:

• 10 days if the fetus is under 5 weeks old;
• 20 days if the fetus is from 5 weeks old to under 13 weeks old;
• 40 days if the fetus is from 13 weeks old to less than 25 weeks old;
• 50 days if the fetus is 25 weeks or older;

The maternity leave period in this case includes holidays, Tet, and weekly days off. This regulation helps female workers have time to recover after experiencing maternity problems.

Enjoy maternity benefits when giving birth

According to Article 34 of the Law on Social Insurance 2014, the benefit period upon giving birth is as follows:

1. Female employees who give birth are entitled to maternity leave for 6 months before and after giving birth. In case of twins or more, from the second child onwards, each child is entitled to an additional 01 month leave. The maximum period of leave before giving birth must not exceed 02 months

1. Male employees who are paying social insurance when their wife gives birth are entitled to maternity leave as follows:

• 05 working days;
• 07 working days when the wife gives birth and requires surgery, giving birth to a child under 32 weeks of age;
• 10 working days when the wife gives birth to twins, from giving birth to triplets or more, each additional child is entitled to 03 additional working days off;
• 14 working days when the wife gives birth to twins or more and requires surgery;

1. In case after giving birth, if the child under 02 months old dies, the mother is entitled to leave work for 04 months from the date of birth; If a child aged 2 months or older dies, the mother is entitled to leave work for 2 months from the date of death, but the maternity leave period does not exceed the time specified in Clause 1 of this Article; This time is not included in personal leave time according to labor laws.
2. In case only the mother participates in social insurance or both parents participate in social insurance and the mother dies after giving birth, the father or direct caregiver is entitled to leave to enjoy maternity leave for the period of time. left by the mother. In case the mother participates in social insurance but does not meet the conditions and dies, the father or direct caregiver is entitled to leave to enjoy maternity benefits until the child is 6 months old.
3. In case the father or direct caregiver participates in social insurance without quitting work as prescribed in Clause 4 of this Article, in addition to salary, he/she will also enjoy maternity benefits for the remaining time of the mother as prescribed in Clause 4 of this Article. Clause 1 of this Article.
4. In cases where only the father participates in social insurance and the mother dies after giving birth or faces risks after giving birth and is no longer healthy enough to take care of the child as certified by a competent medical examination and treatment facility, then The father is entitled to leave from work and enjoy maternity benefits until the child is 6 months old.

This time off from work is calculated within the first 30 days from the date the wife gives birth. This regulation creates conditions for both parents to take care of their child during the first period after birth.

Enjoy maternity benefits when adopting a child

According to Article 36 of the Law on Social Insurance 2014, the benefit period when adopting a child is as follows:

• Employees who adopt children under 6 months old are entitled to maternity leave until the child is 6 months old.
• In case both parents participate in social insurance and are eligible to enjoy maternity benefits, only the father or mother is entitled to take leave to enjoy the benefits.

This regulation creates conditions for adoptive parents to have time to care for the child in the early stages, helping the child adapt to the new family.

Consulting and support services for maternity benefits at Long Phan

Maternity benefits are important benefits for employees participating in social insurance. With his experience, Long Phan will assist you in carrying out procedures and preparing complete documents to enjoy maternity insurance. Services at Long Phan include:

• Consulting on issues related to eligibility for maternity insurance;
• Support in preparing documents to apply for maternity insurance;
• Representing customers to submit applications and work with state agencies;
• Check and supplement customer records and correct errors and omissions, ensuring records are complete before submission.
• Receive results and hand them over to customers.

To understand and exercise your rights properly, customers can contact Long Phan via hotline 0906735386 for detailed advice on conditions and procedures for enjoying maternity benefits. We are ready to support customers throughout the process of resolving the regime.