Sending a question to the Social Insurance agency, reader L.L asked: I gave birth to my second child after July 1, 2026, then I will be entitled to a 7-month maternity leave, the company's personnel side announced that the pregnancy benefits will only be 6 months.
I would like to ask, is it true that I consider the 7th month to be unpaid leave, not enjoying social insurance benefits?
Bac Ninh Provincial Social Insurance answers this question as follows:
Based on Clause 1, Article 29 of the 2025 Population Law amending and supplementing a number of articles of laws related to population work:
Amending and supplementing Clause 1, Article 139 of the Labor Code No. 49/2019/QH14 has been amended and supplemented according to Law No. 71/2025/QH15 as follows: "Female workers are entitled to maternity leave before and after giving birth for 06 months; in case of giving birth to the second child, female workers are entitled to maternity leave before and after giving birth for 07 months, the prenatal leave period is no more than 02 months".
Based on Clause 1, Article 53 of the Law on Social Insurance No. 41/2024/QH15, the time off work to enjoy maternity benefits when giving birth is implemented according to the provisions of Clause 1, Article 139 of the Labor Code.
Therefore, in case a worker gives birth to a second child from July 1, 2026, and at the time of birth, one biological child is still alive, they are entitled to maternity leave for 7 months.
