QUESTION:

I am on leave before giving birth, if I give birth while the leave period, the time of maternity leave social insurance will be counted from after my leave period expires (December 30^th, 2021) or based on the date on my child’s birth certificate (December 20^th, 2021)?

ANSWER:

In Clause 1, Article 34 of the Law on Social Insurance 2014:

“Article 34. Leave period for childbirth

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity regime. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

[…]”

In Clause 7 Article 1 of Circular 06/2021/TT-BLDTBXH amending Circular 59/2015/TT-BLDTBXH:

“[…]

When calculating the maternity regime as prescribed in Articles 32, 33, 2, Article 34 and Article 37 of the Law on Social Insurance, in case the employee is taking annual leave, personal leave, unpaid leave in accordance with the labor law, the period coincides with the period of annual leave, personal leave, unpaid leave shall not be counted to the regime; the leave period that is not in the annual leave, personal leave, unpaid leave is calculated to the maternity regime as prescribed in Article 32, Article 33, Clause 2, Article 34 and Article 37 of the Law on Social Insurance.

[…]”

Thus, according to the above-mentioned legal regulations, if you give birth on December 20^th, 2021, your maternity leave period will be counted from December 20^th, 2021 to the end of June 19^th, 2022 (in case you give birth to 01 child).

The content above is for informational purposes only, not the advice of Le Nguyen and Le Nguyen is not responsible for any case. For each specific case, please contact Le Nguyen for answers.

Best regards./.