Is it possible to take maternity leave 2 months in advance in Vietnam? If I do not qualify for maternity leave, can I still take convalescence leave in Vietnam?

Is it possible to take maternity leave 2 months in advance in Vietnam?

I'm 7 months pregnant. I want to take maternity leave 2 months before giving birth, is that possible?

Reply:

According to Article 34 of the Social Insurance Law 2014, leave period for childbirth is prescribed as follows:

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.

=> According to the above regulations in Vietnam, you can ask the company for maternity leave 2 months before giving birth.

Is it possible to take maternity leave 2 months in advance in Vietnam? If I do not qualify for maternity leave, can I still take convalescence leave in Vietnam? (Image from the Internet)

Is it possible for the company to force me to submit the original birth certificate to apply for maternity benefits in Vietnam?

I am preparing to apply for maternity benefits, but the company forces me to submit the original birth registration certificate to apply for maternity benefits, is that correct? Because I only had 1 original copy, I went to get the baby's birth certificate.

Reply:

According to Clause 1, Article 101 of the Social Insurance Law 2014, dossier for a female employee to enjoy the maternity benefits must comprise:

a/ A copy of the birth registration certificate or birth certificate of the child;

b/ A copy of the child’s death certificate, in case the child dies, or copy of the mother’s death certificate, in case the mother dies in childbirth;

c/ A competent health establishment’s certificate stating that the mother is at postnatal risk that makes her unable to take care of the child;

d/ An extract of the mother’s medical record or hospital discharge paper in case the child dies after birth without being granted the birth certificate;

dd/ A competent health establishment’s certificate stating that the female employee has to take leave for pregnancy care, in the case specified in Clause 3, Article 31 of this Law.

Thus, based on the above regulations in Vietnam, you only need to submit a copy of your child's birth registration certificate to enjoy maternity benefits or a copy of your child's birth certificate. In case the company requires you to submit the original, it is not necessary. Therefore, you can discuss to the company.

If I do not qualify for maternity leave, can I still take convalescence leave in Vietnam? 

I'm on maternity leave but don't receive insurance benefits, can I still take convalescence leave?

Reply:

According to Article 41 of the Social Insurance Law 2014, regulations on convalescence and health rehabilitation after the maternity leave period are 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.

Thus, after the maternity leave period, female employees who return to work within the first 30 days of work but whose health has not recovered will be entitled to a period of 5 to 10 days of rest and recovery in Vietnam. This means that if you are not eligible for maternity leave, you will not be able to take convalescence leave.

Best regards!