Conditions for enjoying maternity benefits when receiving care according to regulations
The Social Insurance Law clearly stipulates the conditions for enjoying maternity benefits for female employees who have to take time off work to take care of the fetus according to the prescription of a competent medical examination and treatment facility.
According to Clause 2, Article 42 of Law No. 41/2024/QH15, effective from July 1, 2025, it is stipulated that:
Employees are not entitled to sick leave in the following cases:
Causing self-injury or self-harm to one's health;
Using drugs and drug precursors according to the list prescribed by the Government, except for the use of precursors or combination drugs containing precursors prescribed by medical examination and treatment practitioners at medical examination and treatment facilities;
During the first time having to quit for treatment and labor rehabilitation when having a work accident or occupational disease;
The leave period prescribed in Clause 1 of this Article coincides with the leave period prescribed by the law on labor, or is on leave with full salary according to the provisions of other specialized laws, or is on leave to enjoy maternity and health recovery benefits according to the provisions of the law on social insurance.
Employees must be eligible for maternity benefits as prescribed in Clauses 1, 2, 3, 4, 5, Article 50 of the Social Insurance Law No. 41/2024/QH15, effective from July 1, 2025, specifically as follows:
Employees who have paid social insurance for at least 6 months within 12 consecutive months before giving birth, or adopted a child through surrogacy, or adopted a child under 6 months old are entitled to maternity benefits.
Female employees who give birth to children and have paid compulsory social insurance for 12 months or more and have to take time off work to take care of the fetus according to the prescription of a medical examination and treatment practitioner at a medical examination and treatment facility must pay compulsory social insurance for 3 months or more for the next 12 months before giving birth.
Compared with the above regulations, employees should base on the provisions of the law on compulsory social insurance to complete all documents to enjoy maternity benefits according to regulations, and send them to the nearest social insurance agency for settlement.
The unit or individual participating in the application must submit the application via the Public Service Portal, attaching a discharge certificate or a certificate of leave from work to receive social insurance issued by a competent medical facility.
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