Maternity Benefits: How Long Must Social Insurance Contributions Be Paid?
I. Introduction
Maternity benefits represent a crucial policy aimed at protecting the rights of employees, particularly female workers, during pregnancy and childbirth. This entitlement is clearly stipulated in Vietnam’s Social Insurance Law, ensuring essential financial and health support for workers during this critical period. However, not everyone is fully aware of the conditions required to qualify for these benefits, especially the necessary duration of social insurance (SI) contributions.
II. Legal Basis
According to Article 31 of the 2014 Law on Social Insurance, the conditions for workers to receive maternity benefits depend on the duration of SI contributions as follows:
1. SI Contributions of at Least 6 Months Within the 12 Months Before Childbirth
According to Clauses 2 and 3 of Article 31 of the 2014 Law on Social Insurance, the conditions for receiving maternity benefits for female workers giving birth are clearly stipulated: “Female workers giving birth or adopting a child under 6 months of age must have paid SI for at least 6 months within the 12 months before the childbirth or adoption. In cases where the worker has contributed SI for 12 months or more and must take a leave of absence during pregnancy as prescribed by a competent medical authority, they must have contributed SI for at least 3 months within the 12 months before the childbirth.”
Female workers will be entitled to maternity benefits if they meet one of the following conditions:
- Have paid SI contributions for at least 6 months within the 12 months before childbirth or adoption of a child under 6 months old.
- Have paid SI contributions for at least 3 months within the 12 months before childbirth, provided they have contributed SI for 12 months or more and had to take leave during pregnancy as prescribed by a competent medical authority.
In special cases, maternity benefits can be claimed with 3 months of SI contributions within the 12 months before childbirth, provided there is a medical prescription from an authorized medical institution.
Example: If a worker gives birth in December 2024, the calculation period would be from December 2023 to November 2024, during which the worker must have contributed at least 6 months of SI.
2. Special Case: 12 Months of SI Contributions and Leave Due to Medical Prescription
The law also provides for special cases where workers who have contributed SI for 12 months or more may qualify for maternity benefits. If, due to health reasons, the worker must take a leave of absence as prescribed by a competent medical authority for 5 months or more during pregnancy, they will only need to have contributed SI for 3 months within the 12 months before childbirth to qualify for maternity benefits.
This provision reflects the humanitarian aspect of Vietnam’s legal system, which seeks to facilitate conditions for workers facing health challenges during pregnancy.
3. Timeframe for Receiving Maternity Benefits Post-Birth
The regulations on the submission period for maternity benefit claims are as follows: 45 days from the date the worker returns to work. If the worker resigns before the childbirth, they must submit the application and present the SI book to the social insurance agency to be considered for maternity benefits.
The timeframe for receiving maternity benefits after childbirth is as follows:
- Within 10 days from the date of receiving a complete application from the employer, the social insurance agency must resolve and organize the payment to the worker.
- Within 5 working days from the date of receiving a complete application from the worker who has resigned before childbirth or who adopts a child, the social insurance agency must resolve and organize the payment to the worker.
III. Entitlements Under the Maternity Benefits Regime
When eligible for maternity benefits as prescribed by law, workers will receive the following benefits:
1. Maternity Allowance:
Workers will receive a one-time maternity allowance equivalent to two times the basic salary at the time of childbirth. This allowance provides workers with additional financial resources to cover costs related to childbirth and caring for newborns.
2. Maternity Leave:
Female workers are entitled to 6 months of maternity leave, which includes a maximum of 2 months pre-birth leave. In cases of multiple births, an additional month of leave is granted for each child beyond the first.
3. Prenatal and Postnatal Care:
Female workers are entitled to 5 prenatal check-up leave days, with 1 day per visit. If the medical facility is far or the worker has a medical condition or abnormal pregnancy, they are entitled to 2 days per visit. Additionally, if the child under 7 years old falls ill, workers are also entitled to sick leave.
IV. Ineligible Cases for Maternity Benefits
If a worker does not meet the necessary SI contribution duration, they will not be eligible for maternity benefits as stipulated. However, they may still be entitled to certain other state or social organization support policies:
1. Social Welfare:
For pregnant women belonging to poor, near-poor, or disadvantaged households, the state may provide support through social welfare programs. This support may include cash, goods, or social services aimed at helping workers overcome difficult periods.
2. Health Insurance:
Even if not eligible for maternity benefits, workers may still receive health care benefits related to maternity if they participate in health insurance. This ensures access to necessary medical services throughout pregnancy and childbirth.
V. Frequently Asked Questions
1. If I am just a few days short of the required SI contribution period, can I still receive maternity benefits?
Under current regulations, workers must meet the full SI contribution period as stipulated by law to qualify for maternity benefits. Even being short by one day disqualifies the worker from receiving these benefits. However, special cases may be considered depending on actual circumstances and legal basis.
2. If I quit my job before giving birth and do not continue paying SI, can I still receive maternity benefits?
If the worker has paid at least 6 months of SI within the 12 months before childbirth, they will still be eligible for maternity benefits even if they quit their job before giving birth.
VI. Conclusion
Maternity benefits are a crucial entitlement that helps protect the health and finances of workers during pregnancy and childbirth. However, to qualify, workers must be well-informed about the SI contribution requirements. This understanding not only allows them to better prepare for pregnancy but also ensures their rights are fully upheld.
With the information provided, it is hoped that workers will have a clearer understanding of the conditions and benefits of participating in social insurance, especially regarding maternity benefits. Always check and ensure you have met the SI contribution requirements to confidently enjoy the entitled benefits as stipulated by law.
VII. Hankuk Law Firm
The goal of the legal services provided by Hankuk Law Firm is to assist businesses, investors, and individuals. Our organization employs skilled Korean lawyers, partners, and experts who provide legal services to businesses related to corporations and litigation.
To support startups, our lawyers and staff offer a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communication, human resources, product distribution, franchise options, and more. We provide expert advice on all aspects of your business needs.
To protect clients’ legal rights and interests and achieve the best outcomes, we offer legal consulting and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.
VIII. Contact Hankuk Law Firm
For reliable and effective legal advice, please contact Hankuk Law Firm now. We are committed to providing you with the best possible answers, and our experienced team of lawyers has extensive knowledge in various legal fields. We are here to provide competent and dedicated support, whether you are dealing with contract issues, commercial disputes, or need guidance on foreign investment. Hankuk Law Firm is honored to have helped hundreds of domestic and international clients skillfully navigate complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and peace of mind. For prompt guidance and support to ensure your rights are maintained to the highest standard, contact Hankuk Law Firm now.
Contact Hankuk Law Firm for legal information:
Email: info@hankuklawfirm.com
Telephone: 0369 77 11 46
Website: http://hankuklawfirm.com/en/
Facebook: https://www.facebook.com/hankuk.lawfirm