Female Employees Allowed to Leave Early While Still Receiving Full Salary: Under What Conditions? Are Pregnant Female Workers from the 7th Month Onwards Prohibited from Overtime?
Can Female Workers Arrive Late or Leave Early During Their Menstrual Period?
Regarding female workers during their menstrual period, Clause 4, Article 137 of the Labor Code 2019 specifically stipulates as follows:
Maternity Protection
...
4. Female workers during their menstrual period are entitled to 30 minutes of rest each day, and those nursing a child under 12 months of age are entitled to 60 minutes of rest each day during working hours. This rest period shall still be fully paid according to the labor contract.
Additionally, pursuant to Clause 3, Article 80 of Decree 145/2020/ND-CP, the guidelines on menstrual rest time for female workers are specified as follows:
Health Care for Female Workers
...
3. Menstrual Rest Period for Female Workers:
a) Female workers during their menstrual period have the right to 30 minutes of rest each day counted as working time and shall still be fully paid according to the labor contract. The number of days with menstrual rest shall be mutually agreed upon based on the actual conditions at the workplace and the needs of the female worker, but at least 03 working days per month; the specific rest periods each month shall be notified by the worker to the employer;
b) In case the female worker requires more flexible rest than stipulated in point a of this clause, both parties will negotiate to arrange rest in accordance with actual conditions at the workplace and the needs of the female worker;
c) In case the female worker does not wish to take rest and the employer agrees to allow the worker to work, in addition to the salary stipulated in point a of this clause, the worker shall be paid additional wages for the work performed during the rest period and this working time shall not be counted as overtime.
Thus, female workers may arrive late or leave early by 30 minutes compared to the usual working hours during their menstrual period in the month.
Cases Where Workers are Allowed to Leave Early but Still Receive Full Salary According to Current Regulations
Can Female Workers Arrive Late or Leave Early While Nursing a Young Child?
According to Clause 4, Article 137 of the Labor Code 2019 regarding maternity protection for female workers, it is specifically stipulated as follows:
Maternity Protection
...
4. Female workers during their menstrual period are entitled to 30 minutes of rest each day, and those nursing a child under 12 months of age are entitled to 60 minutes of rest each day during working hours. This rest period shall still be fully paid according to the labor contract.
Thus, during the period of nursing a child under 12 months of age, female workers are entitled to 60 minutes of rest each day during working hours, which can be used to arrive late or leave early by a total of 60 minutes compared to other workers.
During this rest period, the workers shall still receive their regular salary in accordance with the law.
Is it True that Pregnant Workers from the 7th Month Cannot Overtime?
According to Article 137 of the Labor Code 2019, regarding the maternity protection for female workers, it is specifically stipulated as follows:
Maternity Protection
1. Employers are not allowed to require workers to work at night, overtime, or to go on business trips in the following cases:
a) Pregnant from the 7th month or the 6th month if working in highlands, remote, border, or island areas;
b) Nursing a child under 12 months of age, except where the worker consents.
2. Female workers engaged in heavy, hazardous, or dangerous jobs, or particularly heavy, hazardous, or dangerous jobs, or jobs that adversely affect reproductive health and nursing, when pregnant and having notified the employer, shall be transferred to lighter, safer work or be allowed to reduce work hours by 01 hour per day without any reduction in wages, rights, or benefits until the end of the time of nursing a child under 12 months of age.
3. Employers are not allowed to dismiss or unilaterally terminate the labor contract with female workers for reasons of marriage, pregnancy, maternity leave, or nursing a child under 12 months of age, except where the employer is an individual who dies, is declared by the Court to have lost civil act capacity, is missing, or has died, or the employer is an organization that ceases operations or is notified by the provincial business registration agency that there is no legal representative or authorized person to exercise the rights and obligations of the legal representative.
Where the labor contract expires during the time the female worker is pregnant or nursing a child under 12 months of age, the worker shall be given priority to enter into a new labor contract.
4. Female workers during their menstrual period are entitled to 30 minutes of rest each day, and those nursing a child under 12 months of age are entitled to 60 minutes of rest each day during working hours. This rest period shall still be fully paid according to the labor contract.
Thus, employers are not allowed to require workers to work at night, overtime, or go on business trips if the female worker is pregnant from the 7th month.
LawNet
