Maternity Leave of 7 Months: Eligibility for Unemployment Insurance?

According to Clause 4 Article 1 of Decree 61/2020/ND-CP stipulating cases considered to be continuously contributing to social insurance to be eligible for unemployment insurance benefits (UIB). Specifically:

- The employee has paid unemployment insurance of the month in which the labor contract or working contract is terminated and this is confirmed by the social insurance agency in the social insurance book;

- The employee has paid unemployment insurance of the month immediately preceding the month in which the labor contract or working contract is terminated and this is confirmed by the social insurance agency in the social insurance book;

- The employee has the month immediately preceding the month in which the labor contract or working contract is terminated, or the month in which the labor contract or working contract is terminated but has taken leave due to illness or maternity for 14 working days or more in the month, not receiving monthly salary at the unit, and this is confirmed by the social insurance agency in the social insurance book;

- The employee has the month immediately preceding the month in which the labor contract or working contract is terminated, or the month in which the labor contract or working contract is terminated but has taken leave without pay for 14 working days or more in the month at the unit, and this is confirmed by the social insurance agency in the social insurance book;

- The employee has the month immediately preceding the month in which the labor contract or working contract is terminated, or the month in which the labor contract or working contract is terminated but has temporarily suspended the execution of the labor contract or working contract for 14 working days or more in the month at the unit, and this is confirmed by the social insurance agency in the social insurance book.

Thus, in the case of maternity leave followed by an additional month of unpaid leave without paying unemployment insurance, the condition for the contiguous month to be eligible for unemployment insurance benefits is not met.

The conditions for unemployment insurance benefits are implemented according to Article 49 of the Employment Law 2013.

Sincerely!