Based on Article 57 of the 2024 Law on Social Insurance, when implementing contraceptive measures, employees are entitled to maternity benefits as prescribed by a competent medical examination and treatment facility. The maximum leave period is specified as follows:
- 7 days for female workers placing contraceptives in the uterus.
- 15 days for employees performing sterilization measures.
However, this maternity benefit period includes holidays, Tet holidays, and weekly days off.
Note:
When calculating the time to enjoy maternity benefits during prenatal check-ups; when miscarriage, abortion, fetal death in the womb, fetal death during labor; when giving birth; when implementing contraceptive measures for cases where employees are on annual leave, private leave, unpaid leave, full-time leave, the time coinciding with the annual leave time, private leave, unpaid leave, full-time leave is not counted for benefits; time off work outside the annual leave time, private leave, unpaid leave, full-time leave is counted for maternity benefits according to regulations.
The calculation of maternity leave time as compulsory social insurance contribution time is specifically guided as follows:
- In case the labor contract expires during the time the employee takes maternity leave, the time to enjoy maternity benefits from the time of taking maternity leave to before the labor contract expires is counted as the time of social insurance contribution.
The time to enjoy maternity benefits from when the labor contract expires is not counted as the time to pay social insurance.
- The time to enjoy maternity benefits for cases of termination of labor contracts, work contracts or resignation before childbirth or receiving children when using surrogacy or adopting children under 06 months old is not counted as social insurance contribution time.
- In case female workers return to work before the end of the maternity leave period when giving birth according to regulations, the time to enjoy maternity benefits from the time of resignation to before returning to work is counted as the time of social insurance contribution.
From the time of returning to work, female workers are entitled to salaries for working days paid by employers and continue to enjoy maternity benefits; employers and female workers are responsible for paying compulsory social insurance for the time female workers return to work;
- In case of enjoying maternity benefits without taking leave as prescribed in Clause 6, Article 53 and Article 55 of the 2024 Law on Social Insurance, the time of enjoying maternity benefits is not counted as the time of social insurance contribution; employees and employers must pay compulsory social insurance according to regulations.
(Based on Clauses 3, 4, 5, Article 9 of Circular 12/2025/TT-BNV)
