EXTENSION ON LEAVE PERIOD FOR CHILDBIRTH, PERMITTED OR NOT?

While many women may want to return to work soon after maternity to maintain their career and income, they must also consider and arrange time to care for their children and family. In accordance with the agreement with the employer, female employees may take extension on leave period for childbirth.

Standard leave period for childbirth

Under the standard regulations of law, 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 standard leave period for childbirth, female employees are entitled to benefits according to social insurance regulations.

Some special cases:

– If a child under 02 months old dies, the mother is entitled to 04 months off work from the date of birth;

– If a child aged 2 months or older dies, the mother is entitled to leave work for 2 months from the date of child’s death, but the maternity leave period does not exceed the standard time prescribed by law above.

This time is not included in personal leave according to labor laws.

Female employees can extend their leave when the maternity period ends

On the basis of respecting the agreements of the parties in the labor relationship, the law has provisions for female employees with the need of extension on leave period for childbirth. Specifically, female employees can take additional time off after agreeing with the employer.

However, additional leave beyond this standard shall be unpaid leave, unless the parties agree otherwise.

>> REGIME FOR FEMALE EMPLOYEES BACK TO WORK EARLY AFTER MATERNITY https://linconlaw.vn/regime-for-female-employees-back-to-work-early-after-maternity/

>> OBLIGATIONS OF ADJOINING IMMOVABLE PROPERTY OWNER https://linconlaw.vn/obligations-of-adjoining-immovable-property-owner/

Female employees upon childbirth can be entitled to convalescence and health rehabilitation after the leave period for childbirth

Female employees whose health has not yet recovered within the first 30 working days after the leave period for childbirth are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days. The number of days of a leave period for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee (if any):

– 10 days, for female employees who give birth to twins or more infants;

– 7 days, for female employees who have a surgical birth;

– 5 days, in other cases.

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.

The work must be guaranteed by the employer according to the labor contract

The employer must not dismiss an employee or unilaterally terminate the employment contract with an employee due to her maternity leave, or nursing a child under 12 months of age.

Female employees upon chidlbirth shall be reinstated to her previous work when she returns to work after the maternity leave without any reduction in her salary, rights and benefits before the leave. In case the previous work is no longer available, the employer must assign another work to the employee with a salary not lower than the salary she received prior to the maternity leave.