Maternity benefits offer numerous practical advantages to female employees during pregnancy and childbirth. But what if a pregnant employee decides to quit her job? Is she still eligible for maternity benefits, and if so, what are the specific eligibility criteria? Let's explore these questions in the article below.
1. Are Pregnant Workers Who Quit Their Job Entitled to Maternity Benefits?
1.1 Condition for maternity benefit
According to the stipulations in Clause 4, Article 31 of the Law on Social Insurance 2014, female employees who are pregnant, or become pregnant while on leave, may be eligible for maternity benefits if they satisfy the following conditions:
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They have paid social insurance for a duration of 6 months or more within the 12 months preceding the birth or adoption of a child under 6 months of age.
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If an employee is required to take maternity leave as prescribed by a competent medical institution, they must have paid social insurance for 3 months or more within the 12 months prior to giving birth.
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They have terminated their labor contract, work contract, or resigned from their job before giving birth or adopting a child under 6 months old.
Maternity Leave in terms of the Basic Conditions of Employment Act
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1.2 Regulation before childbirth or adoption
Furthermore, in accordance with Clause 1, Article 9 of Circular 59/2015/TT-BLDTBXH, which defines the 12-month period before childbirth or adoption, the following rules apply:
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If a child is born or adopted before the 15th of a month, that specific month is not counted within the 12-month period before the child's birth or adoption.
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In cases where a child is born or adopted from the 15th of a month onward, and social insurance contributions are made for that month, the month of birth or adoption is considered part of the 12 months before the child's birth or adoption.
Should social insurance not be paid during that month, the same regulations as mentioned above apply, as in the case of birth or adoption before the 15th of the month. The level of maternity benefits is determined as per the provisions outlined in Clause 1, Article 39 of the Law on Social Insurance 2014 and Article 12 of Circular 59/2015/TT-BLDTBXH. The monthly benefit amount equals 100% of the average monthly salary paid for social insurance during the 6 months before commencing maternity leave.
1.3 Maternity Benefits for Employees Who Have Quit Their Job
Hence, if you meet the conditions mentioned above, you are entitled to maternity benefits in line with the provisions specified in Articles 34, 36, 38, and Clause 1, Article 39 of the 2014 Law on Social Insurance. For more detailed information regarding the application process and the level of maternity benefits, you can get in touch with the social insurance office where you have made your insurance payments.
Moreover, even if a pregnant female employee resigns from her job, she may still be eligible to receive unemployment benefits during her pregnancy, provided she meets the necessary requirements.
Thus, for employees participating in mandatory social insurance who quit their job before giving birth or adopting a child under 6 months of age, they are still entitled to maternity benefits if the above conditions are met.
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2. Procedures for enjoying maternity benefits before leaving work
When quitting work before giving birth, the employer will close the book and return the social insurance book. Completing procedures for maternity benefits at this time requires the employee to do so directly without going through the employer. If an employee elects to register for maternity benefits before leaving work, they will need to submit documents including the following documents:
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Application for maternity benefits (according to form).
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Social insurance book or certificate of social insurance participation.
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Birth certificate or adoption certificate for children under 6 months old.
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Certificate of employee termination of labor contract, employment contract or resignation.
Employees can submit applications at the social insurance agency where they have paid social insurance. Within 05 working days from the date of receiving complete dossiers as prescribed from the employee, the social insurance agency must resolve and organize the payment of benefits to the employee.
The employee receives money from the social insurance agency according to the receiving method registered in the application for benefits. Maximum receiving time is no more than 20 days from the date of application submission. In case the Social Insurance Agency does not resolve the issue, it must respond in writing and clearly state the reason for the employee to know.
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