Sterilization is Only Entitled to 10 Days Off – Is This Legal?

Article 37 of the 2014 Social Insurance Law stipulates the duration of benefits when implementing contraceptive measures as follows:

- When implementing contraceptive measures, employees are entitled to maternity benefits as prescribed by authorized medical examination and treatment facilities. The maximum duration of leave is specified as follows:

+ 07 days for female employees who use intrauterine devices (IUDs);

+ 15 days for employees who undergo sterilization procedures.

- The duration of maternity benefits stipulated in Clause 1 of this Article includes public holidays, Tet holidays, and weekly days off.

Employees who undergo sterilization procedures will be entitled to leave as prescribed by the authorized medical examination and treatment facilities, with a maximum of 15 days.

Therefore, the duration of leave for sterilization will follow the prescription of the authorized medical examination and treatment facilities. The maximum leave duration is 15 days, which means that the leave could be shorter based on the prescription of the medical examination and treatment facilities.

Thus, whether the case where the employee is granted 10 days off is correct or not must be based on the prescription of the medical examination and treatment facilities.

Respectfully!