If employees take full maternity leave, can they agree to additional unpaid leave with their employers in Vietnam?

If employees take full maternity leave, can they agree to additional unpaid leave with their employers in Vietnam?

In Article 139 of the Labor Code 2019 stipulates maternity leave, according to which:

1. A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months.

In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child.

2. During maternity leave, the female employee is entitled to maternity benefits as prescribed by social insurance laws.

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.

4. The female employee may return to work before the expiry of her statutory maternity leave stipulated in Clause 1 of this Article after she has taken at least 04 months of leave, provided she has obtained a confirmation from a competent health facility that the early resumption of work does not adversely affect her health, the employer receives a prior notice of the early resumption and agrees to the early resumption. In this case, besides the salary of the working days, which is paid by the employer, the female employee shall continue to receive the maternity allowance in accordance with social insurance laws.

5. A male employee whose wife gives birth, an employee who adopts a child under 06 months of age, a female employee who becomes a surrogate mother shall be entitled to maternity leave in accordance with social insurance laws.

Thus, when your wife has finished her maternity leave and if there is a need, the female employee may be granted an additional unpaid leave under terms agreed upon with the employer in Vietnam.

If female employees after enjoying the maternity regime, but their their health has not yet recovered, are they entitled to a leave for convalescence in Vietnam?

According to Article 41 of the Law on Social Insurance 2014 stipulates Convalescence and health rehabilitation after the maternity leave period, as follows:

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 this Article, if your wife's health has not recovered after the maternity leave period and within the first 30 days of working, her health has not recovered, your wife is entitled to  a leave for convalescence and health rehabilitation of between 5 and 10 days in Vietnam.

What is leave period upon stillbirth in Vietnam?

According to Clause 1, Article 33 of the Law on Social Insurance 2014 stipulating leave period upon miscarriage, abortion, stillbirth or pathological abortion is as follows:

1. 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:

a/ 10 days, for pregnancy of under 5 weeks;

b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks;

c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks;

d/ 50 days, for pregnancy of 25 weeks or more.

According to this Article, depending on the specific case of stillbirth, the leave period will be from 10-50 days according to the above regulations in Vietnam.

Best Regards!