HOW MANY DAYS CAN A PREGNANT WOMAN TAKE OFF UNTIL SHE GIVES BIRTH?

I am an owner of a hotel. Due to the nature of this field, I have to recruit female employees for the positions of receptionists, room attendants, and housekeepers. I fully pay the compulsory insurance for all of my employees. I would like to know when my employees get pregnant and give birth, how many days can they take off?  Thank you so much!

FDVN opinions:

Thank you for concerning our legal services. Regarding the temporary registration, we have some following opinions:

[1]. Regulations on conditions for enjoying the maternity regime

According to the provisions of Article 31 of Law

on social insurance 2014, subjects are enjoyed coverage of the maternity regime including:

Employees shall be covered by the maternity regime in one of the following cases:

- Pregnant female employees;

- Female employees giving birth to children;

- Female employees as surrogate mothers and intended mothers;

- Employees adopting under-6-month children;

- Female employees having intrauterine devices or employees taking sterilization measures;

- Male employees currently paying social insurance premiums whose wives give birth to children.

The above subjects must ensure the time of participation to enjoy the maternity regime as follows:

- Female employees giving birth to children, female employees as surrogate mothers and intended motherson, employees adopting under-6-month children must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

- Female employees giving birth to children, who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

- In addition, Employees who fully satisfy the conditions specified in above and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity regime prescribed in Articles 34, 36, and 38, and Clause 1, Article 39, of this Law.

[2]. Regulations on leave period for childbirth

According to the Law on Social Insurance 2014, female employees are entitled to maternity leave periods depending on each stage of their pregnancy.:

- In the pregnant period: 05 days off for 05 times of prenatal check-up.

- Miscarriage, abortion, stillbirth, or pathological abortion:

+ 10 days, for pregnancy of under 5 weeks;

+ 20 days, for pregnancy of between 5 weeks and under 13 weeks;

+ 40 days, for pregnancy of between 13 weeks and under 25 weeks;

+ 50 days, for pregnancy of 25 weeks or more.

-  For childbirth:

+ Female employees are entitled to a 6-month leave before and after childbirth under the maternity regime. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second. The maternity leave period before childbirth must not exceed 2 months.

In case the child dies after being born:

• If an under-2-month child: The mother is entitled to a 4-month leave from the date of childbirth
• If a child aged 2 months or older: The mother is entitled to a 2-month leave from the date of the child’s death

The maternity leave period, in this case, shall not be longer than the period of maternity leave in normal conditions.

- Surrogate mothers and intended mothers

+ A female employee as surrogate mother is entitled to the prescribed regime when getting prenatal check-ups, miscarriage, abortion, stillbirth, or pathological abortion; and to take a maternity leave until the time of relinquishing the child to the intended mother, with the leave period not exceeding the period maternity leave in normal conditions.

In case the maternity leave period is under 60 days from the date of childbirth to the time of relinquishing the child, surrogate mothers are entitled to continue enjoying the maternity regime until such leave period reaches full 60 days, including public holidays, New Year holidays, and weekends.

+ Intended mothers are entitled to maternity leave from the time of receiving the child until the child reaches full 6 months.

- Adopting an under-6-month child: Employees adopting an under-6-month child are entitled to a maternity leave until the child reaches a full 6 months. 

- When taking contraceptive measures

• 7 days, for female employees implanted with intrauterine devices;
• 15 days, for employees taking sterilization measures.

We hope that our opinions are useful to you.

Legal advisor: Ngo My Tram

FDVN Law Firm

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