Is unpaid leave allowed after the 6-month maternity leave period?

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Pursuant to Clause 1, Article 34 of the Law on Social Insurance 2014, female employees giving birth are entitled to maternity leave before and after childbirth for 06 months. In the case of giving birth to twins or more, for each additional child starting from the second child onwards, the mother is entitled to 01 additional month of leave.

Note: The maximum period of maternity leave before childbirth is 02 months.

Additionally, according to Article 157 of the Labor Code 2012, the maternity leave of female employees is regulated as follows:

1. Female employees are entitled to 06 months of leave before and after childbirth.

In the case of giving birth to twins or more, for each additional child starting from the second child onwards, the mother is entitled to an additional 01 month of leave.

The maximum period of leave before childbirth is 02 months.

2. During maternity leave, female employees are entitled to maternity benefits in accordance with the provisions of the law on social insurance.

*3. After the maternity leave period specified in Clause 1 of this Article, if required, female employees may take additional unpaid leave as agreed upon with the employer. *

Thus, according to the above regulations, after the statutory maternity leave, employees can take additional unpaid leave, which must be agreed upon with and approved by the employer.

The provision allowing employees to negotiate with employers for unpaid leave is also stipulated in Clause 3, Article 116 of the Labor Code 2012.

Nguyen Trinh

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