Applcation for maternity benefits within 45 days

Mon, 16 Apr 2018 15:32:11 PM GMT + 7    Print   Email   Share:

 (Chinhphu.vn) – Ms. Tran Thi Chung Thuy (in Dak Lak Province) is a teacher at the Nguyen Duc Canh Primary School, the Ya To Mot Commune, the Ea Sup District, the Dak Lak Province. Ms. Thuy gave birth to her second child on June 6 2017, during the summer holidays. Ms. Thuy would like to ask,  was she entitled to maternity leave after the summer holiday? Can she notice her giving birth after finishing the summer Holiday?

Regarding this issue, The Vietnam Social Security responds as follows:

In Item 2, Clause 3, Article 31 of the Law on Social Insurance 2014, stipulating the conditions for enjoying the maternity regime, employees defined at Point b, Clause 1 of this Article 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.

As in her reflection she did not specify the time of paying social insurance, so we recommend that she compare the above provisions to consider, if she is eligible conditions for maternity leave after giving birth, she can submit the dossier for the maternity leave to the employer or within 45 days from the date of return to work in accordance with Article 102 of the Law on Social Insurance 2014 to receive allowances as prescribed.


  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic


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