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QUESTION:
Em chào mọi người.
Please let me know that I am 8 months pregnant and then I will stop paying social insurance for 6 months. So in this case, will I be entitled to maternity insurance or do I have to pay until the baby is born to enjoy it?

ANSWER:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:
Pursuant to Clauses 1 and 2, Article 31 of the 2014 Law on Social Insurance, female employees who are pregnant or give birth and have paid social insurance premiums for 6 months or more during the 12 months before giving birth are eligible for social insurance benefits. maternity.
In addition, according to Clause 4, Article 31 of the Law on Social Insurance 2014, the employee meets the conditions specified in Clauses 2 and 3, Article 31 of the Law on Social Insurance 2014 when terminating the labor contract or working contract. or quit before the time of giving birth, they are still entitled to the maternity benefits as prescribed.

Thus, in case you have participated in social insurance for 6 months or more during the 12 months before giving birth, you are still eligible for maternity benefits even after the termination of the labor contract. However, because the information you provided is not complete, you can refer to Example 14 specified at point b, clause 1, Article 9 of Circular 59/2015/TT-BLDTBXH to accurately apply to the case. your.

Specifically, the legal basis for your case is as follows:
According to Article 31 of the Law on Social Insurance 2014 stipulating the conditions for enjoying the maternity regime:
1. An employee is entitled to the maternity regime in one of the following cases:
a) Pregnant female employees;
b) Female employees give birth;
c) Female employees are surrogates and the mother asks for surrogacy;
d) The employee adopts a child under 6 months old;
đ) Female employees put on IUDs, employees take sterilization measures;
e) Male employees who are paying social insurance premiums whose wives give birth to children.

2. The employees specified at Points b, c and d, Clause 1 of this Article must pay social insurance premiums for full 06 months or more during the 12 months before giving birth or adopting a child.

3. The employees specified at Point b, Clause 1 of this Article, who have paid social insurance premiums for full 12 months or more, but have to take a leave of absence from work to take care of the fetus during pregnancy as designated by a competent medical facility. must pay social insurance premiums for full 03 months or more during the 12 months before giving birth.

4. Employees who fully meet the conditions specified in Clauses 2 and 3 of this Article, but terminate their labor contracts, working contracts or quit their jobs before the time of giving birth or adopting children under 06 months of age, they are still entitled to maternity regime as prescribed in Articles 34, 36, 38 and Clause 1, Article 39 of this Law.
According to Example 14 at Point b, Clause 1, Article 9 of Circular 59/2015/TT-BLDTBXH guiding the conditions for enjoying maternity benefits:
Example 14: In August 2017, Ms. B terminates her labor contract and gave birth to a child on December 14, 2017, the 12 months before giving birth is counted from December 2016 to November 2017, if in During this time, Ms. B has paid social insurance premiums for 6 months or more or for full 3 months or more in case she has to take a leave of absence from work to take care of her pregnancy as prescribed by a competent medical facility. then Ms. B is entitled to the maternity regime according to regulations.

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