Regulations on maternity regimes are always a top concern for female employees when giving birth. However, to be entitled to maternity benefits, employees must meet the conditions of the time of participation in social insurance (hereinafter referred to as "SI") before giving birth. How long do female employees have to contribute social insurance to entitled to maternity benefits?

Under the provisions of Clause 2, Article 31 of the Law on Social Insurance 2014, female employees who give birth contribute compulsory social insurance for full 06 months or more within 12 months before childbirth is eligible for maternity benefits.

The female employee who gives birth is entitled to 6 months of maternity leave before and after giving birth. In case the female employee gives birth to twins or more, from the second child onwards, each additional child is entitled to an additional leave of 1 month. The maternity leave period before giving birth must not exceed 2 months.

In this case, the rate of maternity benefits is equal to the average of the monthly salary contributed to social insurance multiplied by 6. In addition, female employees also receive a lump-sum allowance for each child equal to 2 times the base salary in the month of female labor give birth.

However, there are still cases where female employees give birth without having to pay compulsory SI for full 06 months or more within 12 months before giving birth and still entitled to the above maternity regime. As follows:

Female employees who meet all of the following 3 conditions are still entitled to the maternity regime:

(i) The female employee is pregnant and has to take time off work to take care of the fetus according to the instructions of the medical examination and treatment facility allowed to give birth;

(ii) Having contributed SI for full 12 months or more;

(iii) Contributing social insurance for full 03 months or more within 12 months before giving birth

For example: Mrs. Le Thi B has paid social insurance since January 2016. She became pregnant in May 2018 and took leave for maternity convalescence according to hospital regulations from June 2018 to January 2019, and then she gave birth. As such, Mrs. B is eligible for maternity benefits due to:

• B takes leave for maternity convalescence according to the appointment of the medical examination and treatment facility authorized to give birth.
• B has contributed social insurance for 2 years and 6 months.
• B has contributed social insurance for 04 months within 12 months before giving birth.

In case a female employee gives birth to a child who does not meet the above conditions, she is not eligible for maternity benefits. 

However, female employees can still negotiate with enterprises to postpone employment contracts for a certain period of time to give birth and take care of children.

Within 15 days after the expiry of the temporary postponement of the labor contract, the female employees must be present at the workplace and the enterprise must take the person back to work; If female employees cannot be present at the workplace within the prescribed time limit, they must reach agreement with the enterprise on the time of attendance.

If you have any other issues related to the insurance procedures or any other procedures, please immediately contact ESOS.