Vietnam: What is the proposal for specific maternity leave in the case of abortion? How many days are male employees entitled to maternity leave when their wives give birth?
What is the proposal for specific maternity leave in the case of abortion in Vietnam?
Pursuant to Article 57 of the Draft Law on Social Insurance in Vietnam (amended), when suspending pregnancy (abortion), female employees are entitled to maternity leave as prescribed by competent medical examination and treatment establishments. The time off work is prescribed as follows:
- Up to 10 days if the pregnancy is less than 05 weeks old.
- Up to 20 days if the pregnancy is from 05 weeks to less than 13 weeks.
- Up to 40 days if the pregnancy is from 13 weeks to less than 22 weeks.
The period of maternity leave in the case of female employees having abortions above includes public holidays, Tet holidays, and weekly holidays.
Vietnam: What is the proposal for specific maternity leave in the case of abortion? How many days are male employees entitled to maternity leave when their wives give birth?
What are the days of contraception in Vietnam?
Pursuant to Article 37 of the Law on Social Insurance in Vietnam 2014, it is as follows:
- When taking contraceptive measures, employees are entitled to the maternity benefits as prescribed by competent health establishments. The maximum leave period is:
+ 7 days, for female employees implanted with intrauterine devices;
_ 15 days, for employees taking sterilization measures.
- The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.
How many days are male employees entitled to maternity leave in Vietnam when their wives give birth?
Pursuant to Clause 2, Article 34 of the Law on Social Insurance in Vietnam 2014 stipulates as follows:
Article 34. 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 who are paying social insurance premiums when their wives give birth to children are entitled to maternity leave as follows:
- 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.
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