My sister has been sent to study abroad. She has received 40 percent of her monthly salary and paid social insurance every month. She gave birth during her stay abroad. In this case, will my sister receive any maternal benefit?
Under Clause 1, Article 85 and Clause 1, Article 86 of the Social Insurance Law 2014, as well as Clause 1 of Article 2 of Directive No.59/2015/TT-BLDTBXH dated December 29 detailing and guiding the implementation of a number articles of the Social Insurance Law regarding compulsory social insurance, officials, public servants, and labourers sent to study, take apprenticeship, or work in and outside the country that still get payment at home are subjected to compulsory social insurance.
Clause 2 of Article 31 of the Social Insurance Law defines that to enjoy the maternity regime, employees must have paid social insurance contributions for a minimum of 6 months within the 12 months prior to childbirth.
Therefore, if your sister has paid social insurance fully in line with the regulations, she will enjoy the maternal leave of six months.
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