When maternity leave expires, can female employees in Vietnam apply for additional leave?
What are the regulations on the maternity leave period before and after childbirth of female employees in Vietnam?
Pursuant to Clause 1, Article 34 of the 2014 Law on Social Insurance of 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.
Thus, the maternity leave period before childbirth must not exceed 2 months and the total period of maternity leave benefits before and after childbirth is 6 months.
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.
When maternity leave expires, can female employees in Vietnam apply for additional leave?
After 6 months of maternity leave, can female employees apply for additional leave?
Pursuant to Clause 3, Article 139 of the 2019 Labor Code of Vietnam as follows:
Maternity leave
…
3. After the maternity leave stipulated in Clause 1 of this Article expires, if so demanded, the female employee may be granted an additional unpaid leave under terms agreed upon with the employer.
Pursuant to Article 41 of the 2014 Law on Social Insurance of Vietnam stipulating as follows:
Convalescence and health rehabilitation after the maternity leave period
1. Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.
The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.
2. The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up. The maximum leave period for convalescence and health rehabilitation is:
a/ 10 days, for female employees who give birth to twins or more infants;
b/ 7 days, for female employees who have a surgical birth;
c/ 5 days, in other cases.
3. The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the statutory pay rate.
According to the above regulations, female employees can agree to take an additional period of leave when the maternity leave period of 6 months expires. This additional period of leave will be unpaid.
In addition, female employees whose health has not yet recovered within the first 30 working days after the maternity leave period are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.
Note: The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up.
However, the maximum leave period for convalescence and health rehabilitation is:
- 10 days, for female employees who give birth to twins or more infants;
- 7 days, for female employees who have a surgical birth;
- 5 days, in other cases.
Are female employees giving birth eligible for allowance?
Pursuant to Article 38 of the 2014 Law on Social Insurance of Vietnam stipulating as follows:
Lump-sum allowance upon childbirth or child adoption
Female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.
In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.
Female employees giving birth are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.
Pursuant to Article 39 of the 2014 Law on Social Insurance of Vietnam stipulating as follows:
Allowance levels of the maternity benefits
1. For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:
a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;
b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;
c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.
2. The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.
3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of this Law.
Thus, allowance levels of a monthly maternity allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.
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