Does a 6-month maternity leave entitle an employee to long-term service allowance in extremely disadvantaged areas?

Clause 3, Article 13, Decree 76/2019/ND-CP stipulates the actual working time in areas with especially difficult socio-economic conditions as a basis for calculating entitlement to allowances and subsidies as follows:

The periods not counted towards entitlement to the policies of allowances and subsidies stipulated in this Decree include:

- The period of business trips, work, or study not in areas with especially difficult socio-economic conditions for 01 month or more;

- The period of continuous leave without pay for 01 month or more;

- The period of leave to receive social insurance benefits in accordance with the law on social insurance;

- The period of suspension from work, detention, or imprisonment.

=> The 06-month maternity leave period is not counted towards long-term allowances under Decree 76.

Article 5, Decree 76/2019/ND-CP, stipulates the long-term work allowance in areas with especially difficult socio-economic conditions as follows:

Subjects specified in Article 2 of this Decree shall be entitled to a monthly allowance calculated based on the statutory pay rate and the actual working time in areas with especially difficult socio-economic conditions as follows:

- The 0.5 level applies to individuals with actual working time in areas with especially difficult socio-economic conditions from 5 years to under 10 years;

- The 0.7 level applies to individuals with actual working time in areas with especially difficult socio-economic conditions from 10 years to under 15 years;

- The 1.0 level applies to individuals with actual working time in areas with especially difficult socio-economic conditions from 15 years or more.

=> In your case, the working period from May 2011 to May 2021, with 06 months of maternity leave, results in an actual working period of 9 years and 6 months (not enough for 10 years).

Therefore, you are entitled to the long-term work allowance at the 0.5 level, not the 0.7 level.

Sincerely!