Entitled to Maternity Benefits for a Six-Month Leave of Absence Before Childbirth?
Pursuant to Article 31 of the 2014 Social Insurance Law, provision on conditions for maternity benefits are as follows:
- Employees are entitled to maternity benefits in the following cases:
a) Female employees who are pregnant;
b) Female employees giving birth;
...
- Employees specified in Points b, c, and d, Clause 1 of this Article must have paid social insurance for at least 06 months within 12 months before childbirth or adoption.
According to this provision, the condition for entitlement to maternity benefits when a female employee gives birth is to have paid social insurance for at least 06 months within 12 months before childbirth.
In your case, you must have paid social insurance for at least 06 months from January 2021 to January 2022 to be eligible for maternity benefits when giving birth. If you actually take leave from August until giving birth in February 2022 and do not pay social insurance during these 06 months, you must then have paid social insurance for 06 months from January 2021 to July 2021 to meet the condition for maternity benefits.
You should make a decision based on your situation to ensure your rights.
You can refer to the procedure for enjoying maternity benefits here.
Sincerely!
