FROM JULY 1, WILL FEMALE WORKERS BE ENTITLED TO MATERNITY BENEFITS WHEN THEY HAVE TO TAKE TIME OFF WORK TO TREAT INFERTILITY?

From July 1, will female workers be entitled to maternity benefits when they have to take time off work to treat infertility? From July 1 this year, will female workers participating in voluntary social insurance be entitled to maternity benefits? Conditions for receiving voluntary social insurance maternity benefits from July 1? Let’s find out more with Pham Consult!

 

From July 1, will female workers be entitled to maternity benefits when they have to take time off work to treat infertility?

According to Clause 5, Article 50 of the Law on Social Insurance 2024, the following provisions are made:

Subjects and conditions for enjoying maternity benefits

1. Subjects specified in Points a, b, c, d, i, k, l, m and n, Clause 1 and Clause 2, Article 2 of this Law are entitled to maternity benefits when falling into one of the following cases:
2. a) Female workers who are pregnant
3. b) Female workers who give birth
4. c) Female workers who are surrogate mothers
5. d) Female workers who use surrogacy
6. e) Workers who adopt children under 6 months old
7. f) Workers who use contraceptive measures that must be implemented at medical examination and treatment facilities
8. g) Male workers participating in compulsory social insurance whose wives give birth, or whose wives are surrogate mothers.
9. Subjects specified in Points b, c, d and dd, Clause 1 of this Article must pay compulsory social insurance for at least 06 months within 12 consecutive months before giving birth or receiving a child through surrogacy or adopting a child under 06 months old.
10. Subjects specified in Points b and c, Clause 1 of this Article who have paid compulsory social insurance for at least 12 months and when pregnant must take time off work to rest as prescribed by a medical practitioner at a medical examination and treatment facility must pay compulsory social insurance for at least 03 months within 12 consecutive months before giving birth.
11. Subjects specified in Point b, Clause 1 of this Article have paid compulsory social insurance for at least 06 months within 24 consecutive months before giving birth in case of having to take time off work to treat infertility.

Accordingly, female employees who give birth to a child who have paid compulsory social insurance for 6 months or more within 24 consecutive months before giving birth in case of having to take time off work to treat infertility are entitled to maternity benefits.

That is, if the employee has paid social insurance for 6 months or more within 24 consecutive months before giving birth, and has to take time off work to treat infertility, then when giving birth, they will be entitled to maternity benefits.

From July 1 this year, are female employees participating in voluntary social insurance entitled to maternity benefits?

Pursuant to Clause 3, Article 4 of the Law on Social Insurance 2024, voluntary social insurance has the following regimes:

Types and regimes of social insurance

1. Social pension benefits have the following regimes:
2. a) Monthly social pension benefits
3. b) Support for funeral expenses
4. c) Health insurance paid by the state budget.
5. Compulsory social insurance has the following regimes
6. a) Sickness
7. b) Maternity
8. c) Retirement
9. d) Death
10. e) Occupational accident and occupational disease insurance according to the provisions of the Law on Occupational Safety and Hygiene.
11. Voluntary social insurance has the following regimes:
12. a) Maternity allowance
13. b) Retirement
14. c) Death
15. d) Occupational accident insurance according to the provisions of the Law on Occupational Safety and Hygiene.
16. Unemployment insurance according to the provisions of the Law on Employment.
17. Supplementary retirement insurance.

Accordingly, maternity allowance is one of the voluntary insurance regimes supplemented under the provisions of the Social Insurance Law 2024.

Thus, when the Social Insurance Law 2024 takes effect (July 1, 2025), female workers who are not subject to compulsory social insurance can still receive maternity allowance when giving birth if they pay voluntary social insurance and meet the conditions on the period of participation in social insurance as prescribed.

Conditions for receiving voluntary social insurance maternity allowance from July 1?

According to the provisions of Article 94 of the Law on Social Insurance 2024, the subjects and conditions for receiving specific maternity benefits are as follows:

– Subjects who have paid voluntary social insurance or have paid both compulsory social insurance and voluntary social insurance for 06 months or more within 12 months before giving birth are entitled to maternity benefits when falling into one of the following cases:

+ Female workers giving birth

+ Male workers whose wives give birth.

– In case only the mother participates in social insurance and the mother dies after giving birth, the father or the person directly raising the child is entitled to maternity benefits.

– In case both the father and mother participate in social insurance and meet the conditions for receiving maternity benefits as prescribed in Clause 1, Article 94 of the Law on Social Insurance 2024, only the father or mother is entitled to maternity benefits.

– In case the person specified in Clause 1, Article 94 of the Law on Social Insurance 2024 is both eligible for maternity benefits in voluntary social insurance and eligible for maternity benefits in compulsory social insurance, he/she is only entitled to maternity benefits in compulsory social insurance.

– In case the mother is eligible for maternity benefits in compulsory social insurance and the father is eligible for maternity benefits in voluntary social insurance, the mother is eligible for maternity benefits in compulsory social insurance and the father is eligible for maternity benefits in voluntary social insurance.

– In case the father is eligible for maternity benefits in compulsory social insurance and the mother is eligible for maternity benefits in voluntary social insurance, the father is eligible for maternity benefits in compulsory social insurance and the mother is eligible for maternity benefits in voluntary social insurance.