Consulting service on maternity leave at Long Phan

Article overview

Maternity leave is the rights of female workers during pregnancy and childbirth. This regulation protects the health of mothers and newborns, while also ensuring income for workers during their time off work. This article will provide detailed information about leave time, benefits, procedures and necessary documents to enjoy maternity benefits according to current Vietnamese law.

Maternity leave
Maternity leave

How long is maternity leave?

Maternity leave period is specifically regulated in the Law on Social Insurance. This ensures the rights of female workers during pregnancy and childbirth. Maternity leave time is calculated based on many different factors.

Firstly, for female workers:

  • Pursuant to Clause 1, Article 34 of the Law on Social Insurance 2014, female employees who give birth are entitled to maternity leave before and after giving birth for a maximum of 6 months. This time is divided into two periods: prenatal and postnatal. The maximum period of leave before giving birth must not exceed 02 months.
  • In case a female employee gives birth to twins or more, the maternity leave period will be adjusted. Specifically, from the second child onwards, for each child, the mother is entitled to an additional month of leave.

Second, for male workers:

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;
  • In case the wife gives birth to twins, she is entitled to 10 working days off. If she gives birth to triplets or more, each additional child is entitled to 03 additional working days off;
  • In case the wife gives birth to twins or more and has to have surgery, she is entitled to 14 working days off.

The male employee’s maternity leave period is calculated within the first 30 days from the date his wife gives birth.

Employees should note that maternity leave is a right protected by law. You should not give up this benefit because it directly affects the health of mother and baby. At the same time, properly complying with the maternity leave period also helps you ensure full enjoyment of relevant social insurance benefits.

Maternity leave period
Maternity leave period

Maternity leave benefits to which female employees are entitled

According to the provisions of the Law on Social Insurance 2014, maternity leave for female employees includes:

Firstly, enjoy benefits during prenatal check-ups:

  • During pregnancy, female employees are allowed to take time off work to go for prenatal checkups 5 times, 1 day each time;
  • In case you live far from a medical examination or treatment facility or the pregnant woman has a medical condition or an abnormal fetus, you are entitled to 02 days off for each prenatal examination.

Second, enjoy benefits for miscarriage, curettage, abortion, stillbirth or pathological abortion:

In case of miscarriage, curettage, aspiration, stillbirth or pathological abortion, female employees are entitled to leave to enjoy maternity leave as prescribed by a competent medical examination and treatment facility. The maximum time off work is prescribed 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.

Third, enjoy benefits when giving birth: This part has been presented in detail above.

Fourth, maternity benefits for female surrogate employees and surrogate mothers:

  • A female employee who is a surrogate mother is entitled to benefits when having a pregnancy check-up, miscarriage, abortion, stillbirth or medical abortion, and benefits when giving birth until the time of handing over the child to the mother who asked for the surrogate mother, but not exceeding the time. In case the period of enjoying maternity benefits from the date of birth to the time of handing over the child is less than 60 days, the surrogate mother is still entitled to maternity benefits until the 60 days are complete.
  • The surrogate mother is entitled to maternity benefits from the time of receiving the child until the child is 6 months old.

Fifth, enjoy benefits when adopting a child:

  • Employees who adopt children under 6 months of age are entitled to maternity leave as prescribed in Article 36 of the Law on Social Insurance.
  • In case an employee is eligible for maternity benefits but does not leave work, he or she will only be entitled to a one-time benefit.

Sixth, one-time allowance when giving birth or adopting a child:

  • Female employees who give birth or employees who adopt children under 06 months old are entitled to a one-time allowance for each child equal to 02 times the base salary in the month the female employee gives birth or the month the employee adopts the child.
  • In case of giving birth but only the father participates in social insurance, the father will receive a one-time allowance equal to 2 times the base salary in the month of birth for each child.

Saturday, convalescence and recovery after pregnancy.

Process and procedures for enjoying maternity benefits for female employees giving birth

To enjoy maternity benefits, employees need to follow the correct process and procedures as prescribed by law. This process includes preparing documents and taking steps to submit the application, wait for approval and receive payment from the social insurance agency.

File

Pursuant to Clause 1, Article 101 of the Law on Social Insurance 2014 and Decision 166/QD-BHXH dated January 31, 2019, dossiers for maternity benefits for female employees giving birth include 5 types of documents:

  1. Copy of birth certificate or birth certificate extract or copy of child’s birth certificate.
  2. In case the child dies after birth: In addition to the documents mentioned in this section, there is also a copy of the death certificate or death certificate extract or a copy of the child’s death notice; In case the child dies immediately after birth but has not yet been issued a birth certificate, replace it with a copy or summary of the medical record or hospital discharge certificate of the mother or the surrogate female employee showing that the child died.
  3. In case the mother or surrogate female employee dies after giving birth, there must be a copy of the death certificate or death declaration extract of the mother or surrogate female employee.
  4. In case the mother is no longer healthy enough to take care of the child after giving birth or the surrogate mother is no longer healthy enough to take care of the child, the medical record of the mother and surrogate mother will be required.
  5. In case you have to take leave from work to take care of your pregnancy as prescribed in Clause 3, Article 31 of the Law on Social Insurance, you must have one of the following documents:
  • In case of inpatient treatment: Copy of hospital discharge certificate or summary of medical records showing maternity leave.
  • In case of outpatient treatment: Certificate of leave to enjoy social insurance showing maternity leave.
  • In case medical examination is required: Medical examination record.

In case the female employee gives birth as a surrogate mother or the surrogate mother receives the child, there must be a copy of the agreement on surrogacy for humanitarian purposes as prescribed in Article 96 of the Law on Marriage and Family 2014; Document confirming the time of delivery of the child to the requesting party and the surrogate.

Implementation procedures

The process and procedures for enjoying maternity benefits include 3 steps:

Step 1: Submit application for maternity benefits

  • Within 45 days from the date of return to work, the employee submits an application for maternity benefits to the employer.
  • In case of termination of employment before the birth or adoption of a child, the employee submits documents and presents the social insurance book to the social insurance agency.

Step 2: The employer submits the application to the social insurance agency

Within 10 days from the date of receiving complete documents, the employer prepares a general document and submits it to the social insurance agency.

Step 3: Social insurance agency resolves

  • Within 10 days from the date of receiving complete dossiers as prescribed by the employer, the social insurance agency must resolve and organize payment to the employee;
  • Within 05 working days from the date of receiving complete documents according to regulations from the employee who quits his job before giving birth or adopting a child, the social insurance agency must resolve and organize payment to the employee labor.
  • In case the social insurance agency does not resolve the issue, it must respond in writing and clearly state the reason.

You need to pay attention to complying with the correct application process and deadline to ensure your rights.

Documents and procedures completed
Documents and procedures completed

Consulting service on maternity leave at Long Phan

At Long Phan, we provide professional consulting services on maternity leave. We will support you in all issues related to benefits and maternity leave. Our consulting services include:

  • Answer questions about maternity leave
  • Consulting on maternity leave benefits that employees are entitled to
  • Instructions on the process and procedures for enjoying maternity benefits
  • Support in preparing documents for maternity leave
  • Consulting on solving problems that arise during the process of enjoying maternity benefits.

With extensive experience in the field of labor law and social insurance, we bring you high quality consulting services, ensuring maximum benefits for employees. We understand that each case has its own unique characteristics, so we always listen and provide the most suitable solution for each customer.

Maternity leave is an important right of female employees. To ensure full enjoyment of these benefits, you need to master the legal regulations and follow the correct processes and procedures. If you need support, Long Phan is always ready to provide professional consulting services. Please contact us immediately via the hotline 0906735386 to get all your questions about maternity leave answered.