According to the provisions of the Labor Code 2012 and the Social Insurance Law 2014, female employees during pregnancy are entitled to numerous policies and benefits. To be specific, as follows:
Article table of contents
1. Maternity Allowance up to 2.78 million VND
Female workers giving birth are entitled to a one-time allowance equivalent to 02 times the statutory pay rate. From July 1, 2018, the statutory pay rate is increased to 1.39 million VND/month (an increase of 90 thousand VND). Therefore, the maternity allowance also increases by 180 thousand VND.
In cases where only the husband participates in social insurance, the husband is still entitled to the above allowance when his wife gives birth, provided that he has paid social insurance for at least 06 months within the 12 months prior to the birth.
2. Entitled to 5 days off for antenatal check-ups
Specifically, pregnant female workers are entitled to take 05 days off for antenatal check-ups, with each time being 01 day. In cases where they are far from healthcare facilities, have medical conditions, or have abnormal pregnancies, each check-up allows for 02 days off.
Leave for antenatal check-ups according to this regulation will still be paid.
3. Entitled to reduce working hours by 01 hour/day with full pay
Female workers performing heavy-duty jobs during their pregnancy from the 7th month onwards are entitled to be transferred to lighter tasks or to reduce their working hours by 01 hour daily with full pay.
4. Entitled to a maximum of 50 days off in case of miscarriage
In cases of miscarriage, abortion, stillbirth, or pathological abortion, female workers are entitled to maternity leave policies based on the recommendations of healthcare facilities. Depending on the case, the leave period varies but does not exceed 50 days.
5. Entitled to 06 months of maternity leave
Of which, the maximum period for maternity leave before childbirth is not more than 02 months.
6. Husband entitled to leave when wife gives birth
Husbands who are paying social insurance are entitled to maternity leave when their wives give birth: 05 days for normal birth; 07 days for surgical or premature births; 10 days for twin births, and an additional 03 days for each additional child; 14 days for twin births via surgery.
7. Entitled to return to work before the end of the 06-month leave period
With the conditions:
- After having taken at least 04 months of maternity leave;- Must notify and get the employer’s consent.
In addition to the salary, female workers returning to work under this condition are still entitled to maternity policies until the end of their leave period.
8. Entitled to convalescence leave upon returning to work
Female workers returning to work after maternity leave who have not fully recovered are entitled to convalescence leave up to 10 days for births of more than one child in a single delivery; 07 days for surgical deliveries; 05 days for other cases, and are paid 30% of the statutory pay rate.
Additionally, during pregnancy, workers will not:
1. Work overtime, night shifts, or travel far
Applicable to those pregnant from the 7th month or from the 6th month if working in highland, remote, border, or island areas.
2. Be subject to labor discipline
Labor discipline can only be applied to female workers during pregnancy after they have finished nursing a child under 12 months old, and the discipline period is still valid or extended for a maximum of 60 days.
3. Face unilateral termination of labor contracts
Employers are not allowed to terminate labor contracts with employees who are pregnant or nursing a child under 12 months old.
The above content is based on Labor Code 2012 and Social Insurance Law 2014.
