Get to work 2 months early
Ms. Mai's maternity leave has not ended yet but she wants to go back to work early to earn more income, but she is worried that she will have to pay back the maternity allowance she has received.
She wondered: "If I go back to work 1 month early, do I have to pay back my maternity insurance? Do I need to sign an agreement or go through any procedures?"
A union official said that many workers in the garment and footwear industries want to go back to work early after giving birth, even though regulations allow them to take up to 6 months of maternity leave. The reason is that the income of workers in these industries comes from piecework wages, overtime, etc. Although maternity allowance is calculated at 100% of the salary subject to social insurance, it is only the basic salary.
After taking at least 4 months of maternity leave, female workers can return to work (Illustration: Son Nguyen).
According to Vietnam Social Security, Article 40 of the 2014 Law on Social Security stipulates that female employees can return to work before the end of their maternity leave after taking at least 4 months of maternity leave, but must notify in advance and receive the employer's consent.
In this case, in addition to the salary for working days paid by the employer, the female employee is still entitled to maternity benefits until the end of the prescribed period (6 months).
Vietnam Social Security said: "Current social security laws do not regulate procedures for female employees who return to work before the end of their maternity leave. The agreement between the employee and the employer is not under the authority of the social security agency."
Second child still receives maternity benefits of first child
In Ms. Nhu’s case, she paid social insurance for 7 months before quitting her job to give birth. Before she could go back to work, she became pregnant with her second child. Now, after 15 months of quitting her job, she has given birth to her second child.
Ms. Nhu wondered: "When I gave birth to my first child, I did not receive maternity benefits. Since I quit my job, I have not continued to pay social insurance. So am I entitled to maternity benefits now?"
According to Vietnam Social Security, in the case of her second child, Ms. Nhu will not be paid maternity benefits because she has quit her job at the company and has not continued to pay social insurance after 15 months.
In the case of her first child, Ms. Nhu can base on the time of leaving work, the time of participating in social insurance as recorded in the social insurance book and the time of giving birth to her first child to see if she is eligible for maternity benefits or not.
If she meets the prescribed conditions, Ms. Nhu can contact the local Social Insurance agency where she resides to be considered for guidance on procedures to receive maternity benefits for her first child.
Regarding the conditions for enjoying maternity benefits, Vietnam Social Security said that they are stipulated in Article 31 of the 2014 Law on Social Insurance.
Accordingly, female employees who have paid social insurance for 6 months or more within 12 months before giving birth are entitled to maternity benefits.
Female employees who have paid social insurance for 12 months or more and have to take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility are entitled to maternity benefits if they have paid social insurance for 3 months or more in the 12 months before giving birth.
Female employees in the above two cases who terminate their labor contract, work contract or quit their job before giving birth are still entitled to maternity benefits.
Source: https://dantri.com.vn/an-sinh/di-lam-som-truoc-khi-het-thoi-gian-thai-san-co-bi-thu-hoi-tro-cap-20240815111249421.htm
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