After six months of maternity leave in Vietnam, how long are employees entitled to additional leave?

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Question date: 26/09/2022

I heard that after six months of maternity leave in Vietnam, the employee is entitled to additional unpaid leave. How long am I entitled to additional leave?

    • Article 139 of the Labor Code 2019 provides:

      1. 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.

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

      3. 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.

      ...

      According to the regulations, at the end of maternity leave in Vietnam, if so demanded, the female employee may be granted an additional unpaid leave under terms agreed upon with the employer. Female employees are only entitled to additional leave when there is an agreement with the employer, this is not a rule to allow female employees to take additional leave after the maternity leave if there is a need.

      Therefore, female employees are entitled to additional leave depending on the agreement, the approval of the employer or not. Otherwise, female workers still have to return to work on time.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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