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1. In 2024, how many months of maternity leave before giving birth will female workers be entitled to?
According to Article 139 of the 2019 Labor Code, maternity leave is regulated as follows:
- Female employees are entitled to 6 months of maternity leave before and after giving birth; the leave period before giving birth must not exceed 2 months.
In case a female employee gives birth to twins or more, starting from the second child onwards, for each child, the mother is entitled to an additional 1 month off.
- During maternity leave, female employees are entitled to maternity benefits according to the provisions of the law on social insurance.
- After the maternity leave period as prescribed in Clause 1, Article 139 of the 2019 Labor Code, if needed, female employees can take additional unpaid leave after reaching an agreement with the employer.
- Before the end of maternity leave as prescribed in Clause 1, Article 139 of the 2019 Labor Code, female employees can return to work after at least 04 months of leave, but the employee must notify in advance, have the employer's consent and have confirmation from a competent medical examination and treatment facility that returning to work early is not harmful to the employee's health.
In this case, in addition to the salary for working days paid by the employer, female employees continue to receive maternity benefits according to the provisions of the law on social insurance.
- Male employees whose wives give birth, employees who adopt children under 6 months old, female employees who are surrogate mothers and employees who are mothers using surrogacy are entitled to take maternity leave according to the provisions of the law on social insurance.
Thus, according to the above regulations, female employees are entitled to maternity leave no more than 02 months before giving birth.
In addition, female workers participating in compulsory social insurance, if they meet the legal conditions, will enjoy maternity benefits.
2. Regulations on maternity protection
Regulations on maternity protection under Article 137 of the 2019 Labor Code are as follows:
- Employers are not allowed to use employees to work at night, work overtime and go on business trips in the following cases:
+ Pregnant from the 7th month or from the 6th month if working in mountainous, remote, border, or island areas;
+ Raising a child under 12 months old, except in cases where the employee agrees.
- Female workers who do heavy, toxic, dangerous or especially heavy, toxic, dangerous jobs or jobs that have negative effects on reproductive function and child-rearing during pregnancy and notify the employer will be transferred by the employer to lighter, safer work or have their daily working hours reduced by 1 hour without any reduction in salary, rights and benefits until the end of the period of raising children under 12 months old.
- Employers are not allowed to dismiss or unilaterally terminate the labor contract of employees for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months old, except in cases where the employer is an individual who dies, is declared by the Court to have lost civil act capacity, is missing or dead, or the employer is not an individual who ceases operations or is notified by the specialized agency for business registration under the People's Committee of the province that there is no legal representative or person authorized to exercise the rights and obligations of the legal representative.
In case the labor contract expires while the female employee is pregnant or raising a child under 12 months old, she will be given priority to sign a new labor contract.
- Female workers during menstruation are entitled to 30 minutes off each day, and while raising children under 12 months old are entitled to 60 minutes off each day during working hours. During the time off, they are still entitled to full salary according to the labor contract.
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