WHO IS ENTITLED TO MATERNITY INSURANCE BENEFITS?

Maternity insurance is an important part of protecting the health and rights of employees during pregnancy and postpartum. This is an important part of the social insurance system, which provides necessary subsidies and support for those in need according to regulations. According to current law, who is entitled to maternity insurance benefits?

Who is entitled to maternity insurance benefits?

Maternity insurance benefits can be applied to employees who are Vietnamese citizens and are subject to compulsory social insurance as follows:

– Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

– Persons working under labor contracts with a term of between full 1 month and under 3 months;

– Cadres, civil servants and public employees;

– Defense workers, public security workers and persons doing other jobs in cipher organizations;

– Officers and professional army men of the people’s army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people’s public security; and persons engaged in cipher work and enjoying salaries like army men;

– Salaried managers of enterprises and cooperatives.

>> MATERNITY REGIME OF MALE EMPLOYEES https://linconlaw.vn/maternity-regime-of-male-employees/

>> EXTENSION ON LEAVE PERIOD FOR CHILDBIRTH, PERMITTED OR NOT? https://linconlaw.vn/extension-on-leave-period-for-childbirth-permitted-or-not/

What conditions must be met to enjoy maternity insurance benefits?

Employees shall be covered by the maternity benefits in one of the following cases:

– Pregnant female employees;

– Female employees giving birth to children;

To enjoy the maternity benefits, employees defined must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption. However, who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

Noted that, in this case, employees who fully satisfy the conditions and terminate their labor contracts or working contracts or cease working before the time of childbirth are still entitled to some of the maternity benefits.

– Female employees as surrogate mothers and intended mothers;

Employees defined must have paid social insurance premiums for at least full 6 months within 12 months before childbirth.

Noted that, in this case, employees who fully satisfy the conditions and terminate their labor contracts or working contracts or cease working before the time of childbirth are still entitled to some of the maternity benefits.

–  Employees adopting under-6-month children;

The employees defined must have paid social insurance premiums for at least full 6 months within 12 months before child adoption.

Noted that, in this case, employees who fully satisfy the conditions and terminate their labor contracts or working contracts or cease working before the time of adoption of under-6-month children are still entitled to some of the maternity benefits.

– Female employees having intrauterine devices or employees taking sterilization measures;

– Male employees currently paying social insurance premiums whose wives give birth to children.

What do maternity insurance benefits include?

Depending on each specific case, employees who meet the prescribed conditions can enjoy the following benefits:

– Leave due to maternity benefits;

– Lump-sum allowance for childbirth or adoption;

– Convalescence and health rehabilitation after the maternity leave period.