(Dan Tri) - Female workers who give birth and female workers who adopt children are both entitled to maternity benefits if they meet the prescribed conditions.
Ms. T. already has 3 young children and is entitled to maternity benefits after giving birth to 3 children. Now Ms. T. is pregnant again, so after giving birth to her 4th child, she plans to give the child up for adoption to a friend who is not yet married.
The friend who wants to adopt a child also works for the same company as T., so she wondered: "If she adopts a child, will she be entitled to maternity benefits? If I give birth and let her adopt a child, will I be entitled to any benefits?"
According to Vietnam Social Security (VSS), the conditions for enjoying maternity benefits for female employees giving birth and employees adopting children under 6 months old are stipulated in Clause 2 and Clause 3, Article 31 of the 2014 Law on Social Insurance.
Accordingly, the conditions for enjoying maternity benefits are that the employee must have paid social insurance for at least 6 months within 12 months before giving birth; or female employees who have paid social insurance for at least 12 months but must take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility must have paid social insurance for at least 3 months within 12 months before giving birth.
Clause 1, Article 34 of the 2014 Law on Social Insurance stipulates: Female employees who give birth are entitled to 6 months of maternity leave before and after giving birth. In case a female employee gives birth to twins or more, from the second child onwards, for each child, the mother is entitled to 1 additional month of leave.
According to Article 11 of Circular 59/2015/TT-BLDTBXH, employees who adopt children under 6 months old are entitled to maternity leave as prescribed in Article 36 of the Law on Social Insurance. In case an employee is eligible for maternity leave but does not take leave, he/she is only entitled to a one-time allowance.
Article 36 of the 2014 Law on Social Insurance stipulates: Employees who adopt children under 6 months old are entitled to maternity leave until the child is 6 months old. In case both parents participate in social insurance and are eligible for maternity leave, only the father or mother is entitled to leave.
According to Article 38 of the 2014 Law on Social Insurance, the one-time allowance for each child is equal to 2 times the basic salary in the month the female employee gives birth or the month the employee adopts a child.
In case of giving birth but only the father participates in social insurance, the father will receive a one-time allowance equal to 2 times the basic salary in the month of birth for each child.
Based on the above regulations, Vietnam Social Security said that female employees giving birth and employees adopting children under 6 months old will enjoy maternity benefits including maternity allowance and one-time allowance.
The maternity allowance period for female employees giving birth is 6 months (according to Clause 1, Article 34 of the Law on Social Insurance 2014).
Maternity allowance for employees adopting children under 6 months old is calculated from the time of adoption until the child is 6 months old (according to Article 11 of Circular 59/2015/TT-BLDTBXH).
One-time allowance for female employees giving birth or employees adopting children under 6 months old is 2 times the basic salary (according to Article 38 of the 2014 Law on Social Insurance).
Source: https://dantri.com.vn/an-sinh/sinh-con-roi-cho-ban-lam-con-nuoi-thi-co-duoc-huong-thai-san-20241112121155146.htm
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