IS AN EMPLOYEE QUITTING JOB BEFORE GIVING BIRTH COVERED BY THE MATERNITY REGIME?

I was an administrative officer working for Company A. I have been working at this company and constantly participated in social insurance for 04 years.  Then, due to being unhealthy and unsuitable work, I decided to quit the job. However, my due date is next month. I would like to know if I am covered by the maternity regime. Thank you.

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

[1]. Legal provisions on the conditions for being covered by the maternity regime:

According to Article 31 of Law on social insurance 2014 on conditions for enjoying the maternity regime:

     “1. Employees shall be covered by the maternity regime in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity regime, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

3. To enjoy 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.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity regime prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.”

According to the information provided by you, you have participated in the social insurance for 4 years and you quitted job a month before your due date. Thus, you meet the conditions for being covered by the maternity regime.

[2]. The procedure for register the maternity allowance:

Firstly, the dossiers consist of:

According to Clause 1, Article 102 of Law on social insurance 2014: “An employee who ceases working before the time of childbirth or child adoption shall submit the dossier specified in Clause 1 or 3, Article 101 of this Law and produce his/her social insurance book to the social insurance agency.”

Thus, you have to submit the dossiers under Clause 1 and Clause 3 of Article 101 of Law on social insurance 2014:

- A copy of the birth registration certificate or birth certificate of the child;

-  Social insurance books, ID cards, household registration books/temporary residence books entitled to the maternity regime prescribed.

Secondly, the procedure for registering the maternity allowance:

An employee shall submit a dossier for Social insurance agencies to settle the social insurance regime and make payment to the employee within 5 working days after receiving a complete and valid dossier from an employee who ceases working before the time of childbirth or child adoption. If refusing to settle the social insurance regime, the social insurance agency shall issue a written reply clearly stating the reason. (Point b, Clause 3, Clause 4 Article 102 Law on social insurance 2014).

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Legal Advisor: Nguyen Thi Lan Anh

FDVN Law Firm

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