Giving birth while on leave, how to calculate maternity time?

Fri, 28 Jan 2022 11:12:00  |  Print  |  Email   Share:

Ms. Nguyen Thu Hang (Hai Phong) asked, if the employee takes maternity leave before giving birth, if the child gives birth during the leave, the time of maternity leave to enjoy social insurance will be counted from after the employee's leave period expires (the 21st day of the year). August 20, 2021 or based on the date on the birth certificate (August 16, 2021)?

Regarding this issue, the Vietnam Social Security Administration replied as follows:

Clause 1, Article 34 of the Law on Social Insurance stipulates: Female employees who give birth to a child are entitled to 6 months of maternity leave before and after giving birth. In case female employees have twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave. The maximum period of maternity leave before giving birth is not more than 2 months.

In case the employee gives birth to a child on August 16, 2021, the employee's time off from work to get the maternity regime when giving birth will be counted from August 16, 2021 to the end of February 15, 2022 (if the employee gives birth to a child).


By: Translator: LeAnh-Bizic


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