What is new in the regulations on menstrual leave for female workers?

Section 3, Article 80 of Decree 145/2020/ND-CP (Effective from February 1, 2021) stipulates:

Leave during menstruation for female employees:

- Female employees during menstruation are entitled to 30 minutes of leave each day counted as working hours and still receive full salary according to their labor contracts. The number of days with leave during menstruation is agreed upon by both parties in accordance with the actual conditions at the workplace and the needs of the female employee, but it must be at least 3 working days in a month; the specific leave time of each month is notified by the employee to the employer;

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- In cases where the female employees do not need to take leave and the employer agrees for the employee to work, in addition to the salary received as stipulated in point a of this section, the employee will be paid additional wages according to the work that the employee has done during the leave period, and this working time will not be counted as overtime hours of the employee.

According to Clause 2, Article 7 of Decree 85/2015/ND-CP:

Female employees during menstruation are allowed to take leave as follows:

- 30 minutes each day, for at least 3 days in a month;

- The leave time still allows full salary under the labor contract;

- The specific leave time is agreed upon by the employee with the employer in accordance with the actual conditions at the workplace and the needs of the female employee.

Thus, the new regulation clarifies that if a female employee does not need to take leave during her menstruation days, in addition to the salary received, the employee will be paid additional wages according to the work she has done during the leave period, and this working time will not be counted as the employee's overtime hours.

Sincerely!