How Much Additional Maternity Leave is Allowed for Twins? Can Someone Return to Work if the Full Maternity Leave Period Has Not Been Used?
Twin Births: How Much Additional Maternity Leave is Allowed? Can I Return to Work if I Haven't Taken Full Maternity Leave?
I am pregnant with twins and about to give birth. I have been informed that I will get additional maternity leave for a twin birth compared to a single birth. Does this mean I get more than 2 months of extra leave? Can I return to work if I haven't taken the full maternity leave?How long can maternity leave be extended for twins?
Based on Article 34 of the 2014 Social Insurance Law, the duration of maternity leave is stipulated as follows:
Female employees giving birth are entitled to six months of maternity leave before and after childbirth. In the case of giving birth to twins or more, starting from the second child, the mother is entitled to an additional month for each subsequent child.
The maximum period for taking maternity leave before childbirth is no more than two months.
Additionally, in Article 139 of the 2019 Labor Code, the regulations on maternity leave are as follows:
- Female employees are entitled to six months of maternity leave before and after childbirth; the period of leave before childbirth is no more than two months.
In the case of giving birth to twins or more, starting from the second child, the mother is entitled to an additional month for each subsequent child.
During the maternity leave, female employees are entitled to maternity benefits as regulated by the law on social insurance.
After the statutory period of maternity leave stipulated in Clause 1 of this Article, if needed, female employees can take additional unpaid leave after negotiating with the employer.
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Thus, according to the current regulations, in the case your wife gives birth to twins, she is entitled to one additional month of leave compared to giving birth to a single child. If more leave is needed, negotiations with the employer for unpaid leave are required.
Can one resume work before the end of maternity leave?
Furthermore, Clauses 4 and 5 of Article 139 of the 2019 Labor Code also stipulate maternity leave as follows:
Before the end of the statutory maternity leave stipulated in Clause 1 of this Article, female employees can return to work after taking at least four months of leave if they notify and get the consent of the employer as well as certification from a competent medical facility that early return to work is not harmful to the employee's health. In this case, besides the salary for working days paid by the employer, female employees will continue to receive maternity benefits as regulated by the law on social insurance.
Male employees whose wives give birth, employees adopting children under six months old, surrogate mothers, and biological mothers of surrogate children are entitled to maternity benefits as regulated by the law on social insurance.
Accordingly, employees who have taken at least four months of maternity leave can return to work with the consent of the employer and the certification from a competent medical facility.
Respectfully!
