Female workers must pay social insurance (SI) for how long before childbirth to be eligible for maternity policies? What is the level of maternity benefits? These are questions of particular concern to female workers when having a baby.
Article table of contents
Mandatory Social Insurance Contributions and Maternity Benefits - Illustration
Regarding this issue, the editorial board of THU KY LUAT provides the following answer:
1. Which employees are eligible for maternity benefits?
According to the provisions of Clause 1, Article 31 of the Social Insurance Law 2014, employees are eligible for maternity benefits under the following circumstances:
- Female employees who are pregnant;- Female employees who give birth;- Female employees who are surrogate mothers and mothers intending to have surrogate children;- Employees who adopt children under 06 months of age;- Female employees who use intrauterine devices, employees who undergo sterilization procedures;- Male employees participating in social insurance whose wives give birth.
2. How long do you have to contribute to social insurance to qualify for maternity benefits?
Based on Clause 2 and Clause 3, Article 31 of the Social Insurance Law 2014, the duration for entitlement to social insurance benefits is stipulated as follows:
- Female employees giving birth, female surrogate mothers, and mothers intending to have surrogate children; Employees adopting children under 06 months of age must have contributed to social insurance for at least 06 months within the 12 months before childbirth or adoption.- In cases where a female employee who has contributed to social insurance for at least 12 months needs to take a leave to maintain her pregnancy as per a doctor's prescription, she must have contributed to social insurance for at least 03 months within the 12 months before childbirth.
Thus, it can be understood that female employees giving birth must have contributed to social insurance for at least 06 months within the 12 months before childbirth, or at least 03 months if they need to take a leave to maintain their pregnancy within the 12 months before childbirth.
3. How are maternity benefits calculated?
According to Article 39 of the Social Insurance Law 2014, the calculation of maternity benefits is as follows:
- The monthly benefit is 100% of the average monthly salary used for social insurance contributions for the 06 months preceding the leave for maternity benefits. If the employee has not contributed to social insurance for 06 months, the maternity benefit is the average monthly salary of the months in which social insurance was contributed.
Example, if the average monthly salary used for social insurance contributions for the 6 months preceding Ms. C's leave is VND 6,500,000/month, and Ms. C takes a 06-month maternity leave, then she would receive VND 39,000,000 for maternity benefits.
- The benefit for childbirth or child adoption is calculated based on the monthly benefit stipulated in Point a, Clause 1, Article 39 of the Social Insurance Law 2014. In cases involving odd days or as specified in Article 33 and Article 37 of the Social Insurance Law 2014, the benefit for one day is calculated by dividing the monthly benefit by 30 days.
- The period of maternity leave from 14 working days or more in a month is counted as the time for social insurance contributions, and neither the employee nor the employer is required to contribute to social insurance during this period.
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