Maternity benefits after employees leave work

I. GENERAL PROVISIONS

1. Definition:

Maternity benefit is one of the regimes during the period of participating in compulsory social insurance to ensure income and health for female employees when giving birth/adopting a child.

2. Conditions for enjoyment:

According to the provisions of Clause 4, Article 31 of Law on Social Insurance 2014, female employees who are pregnant when quitting work can enjoy maternity benefits if they meet the following conditions:

• Have paid social insurance for 6 months or more within 12 months before giving birth or adopting a child under 6 months old.
• If an employee must take maternity leave as directed by a competent medical facility, she must pay social insurance for 3 months or more within the 12 months before giving birth.
• Terminate labor contract, work contract or quit job before giving birth or adopting a child under 6 months old.
• Pursuant to Clause 1, Article 9 of Circular 59/2015/TT-BLDTBXH, the period of 12 months before giving birth or adopting a child is determined as follows:
• In case of birth/adoption of a child before the 15th of the month, the month of birth/adoption of the child is not included in the 12 months before the birth/adoption of the child.
• In case a child is born/adopted from the 15th day onwards of the month and social insurance is paid for that month, the month of birth/adoption is counted as 12 months before the child's birth/adoption.

In case social insurance is not paid that month, it will apply as in the case of birth/adoption of a child before the 15th of the month.

3. Maternity benefit level:

(i) One-time allowance when giving birth:

Employees who have paid social insurance for 6 full months within the 12 months before giving birth will be eligible to receive a one-time allowance upon giving birth. According to Article 38 of Law on Social Insurance 2014, the one-time benefit is equal to 2 times the base salary in the month the female employee gives birth.

From July 1^st, 2023, the base salary increases to 1,800,000 VND/month, then the one-time allowance that employees receive will now be: 1,8000,000 VND x 2 = 3,600,000 VND for each child.

(ii) Maternity benefit level for 6 months of maternity leave:

The maternity benefit level is determined based on the provisions in Clause 1, Article 39 of Law on Social Insurance 2014 and Article 12 of Circular No. 59/2015/TT-BLDTBXH as follows: The monthly benefit level is 100% of the average level. Monthly salary paid for social insurance for 6 months before leaving for maternity leave. In case a pregnant female employee quits her job, she can still receive unemployment benefits during pregnancy if eligible.

II. GIA LUAT’S SERVICES

• Consulting on regulations on maternity benefits after leaving work;
• Preparing documents to submit to the social insurance authority;
• Representing Valued Customers to work and submit documents to the social insurance authority;
• Receiving and notifying the results of approval for maternity benefits from the social insurance authority.

Above are the contents related to the provisions of law on maternity benefits after employees quit their job. If you have any questions, please contact Gia Luat for the best support.