Vietnam’s Maternity Leave – Benefits and Application
Vietnam has specific regulations on maternity leave that are unique to the country. Overall, Vietnam’s maternity laws are employee friendly and are set in place to ensure that employees are protected during and after child-bearing. A solid understanding of the law is needed for foreign-invested enterprises to plan effectively within the country.
In May 2013, Vietnam increased the duration of maternity leave for female employees to six months as opposed to four months of maternity leave earlier.
If a female employee has more than one child, she is also entitled to an extra 30 days for each additional child. With this increase, Vietnam’s maternity leave period is among the longest in Asia. Only five other Asian countries either meet or exceed the 14-week International Labor Organization (ILO) standard.
Maternity leave in Vietnam is governed by the Ministry of Labor, Invalids and Social Affairs(MoLISA).
The longer a female employee is pregnant, the more working days they are allotted to take off. One to three months of pregnancy will guarantee 20 working days off, three to six months is granted 40 working days off, and a pregnancy over six months will be 50 working days off. In the case of a miscarriage or termination of pregnancy, women are granted leave as well.
Articles 34 and 35 of the Law on Social Insurance, state that female workers must receive 100 percent of their average salary during their six-month maternity leave. If a female employee wants to be absent for a longer period of time, they can negotiate additional leave days.
After giving birth or adopting a child under four months old, female employees are entitled to a lump-sum allowance equivalent to two months common minimum salary per child. A female employee who has a child less than twelve months old is entitled to sixty minutes per working day to take care of their baby.
If a woman decides to return to work after four months of maternity leave, she must first obtain a permission document from a qualified medical center stating that she is fit to work.
This is an excerpt from an article appearing in Vietnam Briefing, a subsidiary of Dezan Shira & Associates. For the latest economic, regulatory and business news from Vietnam, visit vietnam-briefing.com.