According to Clause 2, Article 42 of Law No. 41/2024/QH15, effective from July 1, 2025, it is stipulated:
Employees are not entitled to sickness benefits in the following cases:
Self-inflict injury or self-harm to one's own health;
Use drugs, drug precursors according to the list prescribed by the Government, except for cases of using precursor drugs or combination drugs containing precursors as prescribed by medical examination and treatment practitioners in medical examination and treatment facilities;
During the period of first time having to quit work for treatment and rehabilitation of labor function when suffering from labor accidents or occupational diseases;
During the leave period as prescribed in Clause 1 of this Article, it coincides with the leave period as prescribed by law on labor, or is currently taking leave to enjoy full salary as prescribed by other specialized laws, or is taking leave to enjoy maternity benefits, health recovery as prescribed by law on social insurance.
Employees must be eligible to enjoy maternity benefits specified in Clauses 1, 2, 3, 4, 5, Article 50 of the Law on Social Insurance No. 41/2024/QH15, effective from July 1, 2025, specifically as follows:
Employees who have paid social insurance for 6 months or more in the 12-month period immediately preceding childbirth, or received children when using surrogacy, or adopted children under 6 months old are entitled to maternity benefits.
Female workers who give birth, if they have paid compulsory social insurance for 12 months or more and have to quit their jobs during pregnancy to take care of their pregnancy according to the prescription of a medical examination and treatment practitioner at a medical examination and treatment facility, must pay compulsory social insurance for 3 months or more during the 12 consecutive months before giving birth.
In comparison with the above regulations, employees, based on the provisions of law on compulsory social insurance, complete complete dossiers to enjoy maternity benefits according to regulations and send them to the nearest social insurance agency for settlement.
Units or individuals participating submit dossiers through the Public Service Portal, attached with a discharge letter or a certificate of retirement to enjoy social insurance issued by a competent medical facility.
