Is it possible to take maternity leave several times in a row?

Legal situation:

I have worked for 5 years and  fully paid social insurance premiums. In 2018, I got married and had a plan to have a child. Not as I expected, however, all plans are screwed anyway, I had given birth to 2 children consecutively in 2020, 2021. After that, in 2022, I am having a baby too. Please advice me that how many times I am entitled to maternity benefits and can I take maternity leave for three years in a row?

Answer: 

Thank you for trusting and sending your questions to FDVN Law Firm (“FDVN”), after researching the provisions of the law, we would like to send you some references as follows:

Female employees are entitled to take prenatal leave and receive maternity benefits according to clause 1, clause 2 Article 139 of Labor Code 2019: A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months. In case of a multiple birth, the leave shall be extended by one month for each child, counting from the second child. During the time of maternity leave, the female employee is entitled to receive maternity benefits as prescribed by social insurance laws. 

For conditions for enjoying the maternity regime as stipulated in Article 31 of Social Insurance Law 2014, accordingly, to enjoy the maternity regime, employees must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption. 

Besides, Clause 6 Article 42 of Decision No. 595/QĐ-BHXH, on April 14th, 2017 stipulates: “If an employee who takes leave due to maternity for at least 14 working days in a month, both he/she and his/her employer are not required to pay social insurance contributions and premiums of unemployment insurance, occupational accident and occupational disease; this period will be included in the payment period of social insurance contributions, is not counted as the payment period of unemployment insurance contributions and his/her health insurance premiums will be paid by the social insurance authority.

The maternity leave period shall be specified in his/her social insurance book according to the monthly salary as the basis for paying social insurance of the month preceding the leave month. In the leave period, if his/her salary is increased, the new salary shall be applied from the time of increase in his/her salary.” With this provision, during the time of maternity leave, pregnant female employees are not required to pay social insurance contributions and premiums of unemployment insurance, occupational accident and occupational disease, this period shall be included in the payment period of social insurance contributions, is not counted as the payment period of unemployment insurance contributions and his/her health insurance premiums will be paid by the social insurance authority.

Therefore, the period of maternity leave of the previous two births is counted as the period of payment of social insurance premiums. Currently, there are no provisions stipulating the maximum number of times to enjoy the maternity regime for female employees. So, you giving birth for consecutive years does not affect the maternity regime. 

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 Nguyễn Thị Thanh Thanh Trà - FDVN Law Firm

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