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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 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:
Second, for male workers:
Male employees who are paying social insurance when their wife gives birth are entitled to maternity leave as follows:
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.
According to the provisions of the Law on Social Insurance 2014, maternity leave for female employees includes:
Firstly, enjoy benefits during prenatal check-ups:
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:
Third, enjoy benefits when giving birth: This part has been presented in detail above.
Fourth, maternity benefits for female surrogate employees and surrogate mothers:
Fifth, enjoy benefits when adopting a child:
Sixth, one-time allowance when giving birth or adopting a child:
Saturday, convalescence and recovery after pregnancy.
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.
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:
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.
The process and procedures for enjoying maternity benefits include 3 steps:
Step 1: Submit application for maternity benefits
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
You need to pay attention to complying with the correct application process and deadline to ensure your rights.
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:
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.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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