Regulations on maternity leave under the latest Labor Code in Vietnam

Regulations on maternity leave under the latest Labor Code in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on maternity leave under the latest Labor Code in Vietnam

The regulations on maternity leave in Vietnam under Article 139 of the Labor Code 2019 are as follows:

- 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.

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

- 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.

- The female employee may return to work before the expiry of her statutory maternity leave stipulated in Clause 1 of Article 139 of the Labor Code 2019 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.

- 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.

2. Regulations on maternity protection in enterprises in Vietnam

According to Article 137 of the Labor Code 2019, maternity protection in enterprises is as follows:

- An employer must not require a female employee to work at night, work overtime or go on a long distance working trip in the following circumstances:

= The employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas;

= The employee is raising a child under 12 months of age, unless otherwise agreed by her.

- Whenever an employer is informed of the pregnancy of an female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work that might negatively affect her maternity, the employer shall assign her to a less laborious or safer work, or reduce the working hours by 01 hour per day without reducing her salary, rights or benefits until her child reaches 12 months of age.

- The employer must not dismiss an employee or unilaterally terminate the employment contract with an employee due to his/her marriage, pregnancy, maternity leave, or nursing a child under 12 months of age, except for cases where the employer that is a natural person dies or is declared incapacitated, missing or dead by the court, or the employer that is not a natural person ceases its business operation, declared by a provincial business registration authority that it does not have a legal representative or a person authorized to perform the legal representative’s rights and obligations.

Upon expiration of the employment contract with female employee who is pregnant or nursing a child under 12 months of age, conclusion of a new employment contract shall be given priority.

- During her menstruation period, a female employee shall be entitled to a 30 minute break in every working day; a female employee nursing a child under 12 months of age shall be entitled to 60 minutes breaks in every working day with full salary as stipulated in the employment contract.

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