Things female workers need to know about maternity leave before going to work

Maternity leave – raising a child is one of the most wonderful things for female workers. Along with the moments of taking care of the child, the mother also has to work like other female workers. Matters related to maternity leave are of interest to most workers because they directly affect their rights. However, most workers, especially female workers, still do not clearly understand the legal regulations related to this leave, especially the contents related to time. Therefore, within the scope of this article, we will summarize some milestones in the maternity leave that female workers giving birth need to know.

1. Conditions for enjoying maternity leave

According to the provisions of Article 31 of the Law on Social Insurance 2023 2014, subjects entitled to maternity benefits include:

• Pregnant female workers
• Female workers giving birth
• Female workers who are surrogate mothers and mothers who use surrogacy
• Employees adopting children under 6 months old
• Female employees using IUDs, employees performing sterilization
• Male employees paying social insurance whose wives give birth.
• Female workers giving birth, adopting children under 6 months old, or surrogate mothers and people asking for surrogacy: Paying social insurance for at least 6 months in the 12 months before giving birth or adopting a child.
• Female workers giving birth who have paid social insurance for at least 12 months and when pregnant must stop working to rest as prescribed by a doctor: Paying social insurance for at least 3 months in the 12 months before giving birth.

2. Some milestones of labor time for women giving birth that you need to know

• Female workers are entitled to 05 days off for prenatal check-ups, 01 day each time. In case the medical facility is far away or the pregnant woman has a medical condition or the pregnancy is abnormal, she is entitled to 02 days off for each prenatal check-up (maximum 10 days off for prenatal check-ups).
• The number of months off work to enjoy maternity benefits before and after giving birth is 6 months. If there are twins or more, from the second child onwards, for each child, the mother is entitled to 1 more month off.
• Female employees can return to work before the end of their maternity leave as prescribed if they have taken at least 4 months of leave. In addition to the salary for the working days, female employees who return to work before the end of their maternity leave are still entitled to maternity benefits until the end of their maternity leave.
• Within 45 days from the date of returning to work, female employees must submit documents to resolve their maternity benefits to their employers. After this deadline, in order to receive maternity benefits, female employees must submit additional documents explaining the reasons for the late submission

3. Maternity insurance benefit level

• Monthly benefit = 100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave.
• In addition, female workers are also entitled to a one-time allowance (diaper allowance) equal to 02 months of basic salary.

4. Documents and procedures for registering for maternity insurance

• Document 201 according to Decision 595/QD-BHXH – Documents for resolving benefits for sickness, maternity, and health recovery
• Social insurance book of female employees: Birth certificate or Birth certificate or Birth extract of the child (certified copy, 01 copy/child).
• In addition, depending on each case, there are other additional documents, which are specifically specified in the document 201.
• The Social Insurance Agency receives the maternity records of the Social Insurance of the district where the female employee paid social insurance before taking maternity leave.
• Form of submitting documents: Submit directly to the Social Insurance Agency or Submit by post – depending on each Social Insurance Agency.
• Time to process maternity records: Within 10 days from the date of submitting valid records to the Social Insurance agency
• Form of receiving maternity benefits: The Social Insurance Agency will transfer the money directly to the female employee’s company account.

>>>See more:

• What benefits do female workers who have miscarriages enjoy?

• How to calculate the level of benefits benefit from unemployment insurance