The latest application form for maternity leave in Vietnam? How long is the leave period upon miscarriage, abortion, stillbirth or pathological abortion?
What is the latest application form for maternity leave in Vietnam?
Currently, the law does not provide for the application form for maternity leave. Below is the application form for maternity leave (for reference only):
Download the latest application form for maternity leave: Click here.
The latest application form for maternity leave in Vietnam? How long is the leave period upon miscarriage, abortion, stillbirth or pathological abortion? (Image from the Internet)
How can male employees currently paying social insurance premiums whose wives give birth to children be entitled to a maternity leave?
Pursuant to Clause 2, Article 34 of the 2014 Law on Social Insurance in Vietnam as follows:
Leave period for childbirth
1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.
The maternity leave period before childbirth must not exceed 2 months.
2. Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:
a/ 5 working days;
b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.
The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.
3. After childbirth, if an under-2-month child dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the maternity leave period must not exceed the period specified in Clause 1 of this Article; such leave period shall not be included in the period of personal leave as prescribed by the labor law.
4. In case only the mother is covered by social insurance or both parents are covered by social insurance but the mother dies in childbirth, the father or the direct fosterer is entitled to a maternity leave for the remaining period applicable to the mother as specified in Clause 1 of this Article. In case the mother who is covered by social insurance but does not fully satisfy the conditions specified in Clause 2 or 3, Article 31 of this Law, dies, the father or the direct fosterer is entitled to a maternity leave until the child reaches full 6 months.
5. The father or the direct fosterer who is covered by social insurance but does not take a leave under Clause 4 of this Article is entitled to not only his/her salary but also the maternity benefits for the remaining period applicable to the mother as specified in Clause 1 of this Article.
6. In case only the father is covered by social insurance and the mother dies in childbirth or faces a postnatal risk that makes her unable to care for the child, as certified by a competent health establishment, the father is entitled to a maternity leave until the child reaches full 6 months.
7. The maternity leave period specified in Clause 1, 3, 4, 5 or 6 of this Article is inclusive of public holidays, New Year holidays and weekends.
Thus, according to the above regulations, male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:
- 5 working days;
- 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
- 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
- 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.
Note: The maternity leave period must be within the first 30 days after the date of childbirth.
How long is the leave period upon miscarriage, abortion, stillbirth or pathological abortion?
Pursuant to Article 33 of the 2014 Law on Social Insurance in Vietnam stipulating the leave period upon miscarriage, abortion, stillbirth or pathological abortion as follows:
- When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:
+ 10 days, for pregnancy of under 5 weeks;
+ 20 days, for pregnancy of between 5 weeks and under 13 weeks;
+ 40 days, for pregnancy of between 13 weeks and under 25 weeks;
+ 50 days, for pregnancy of 25 weeks or more.
- The maternity leave period specified in Clause 1 Article 33 of the 2014 Law on Social Insurance in Vietnam is inclusive of public holidays, New Year holidays and weekends.
LawNet