Discover essential insights into labor laws that address female labor issues. Explore maternity leave, pregnancy-related concerns, and childcare allowances to ensure fair treatment in the workplace.
Question: From a female employee
I am female employee from X company. I’ve just discovered that I’m pregnant, and the doctor at the private clinic has advised me to rest for 3 months to ensure the stability of the fetus due to my weak constitution which could lead to a miscarriage if I’m too active. I’ve requested a 2-month unpaid leave from my workplace, but they’re asking for a confirmation letter from a doctor at the district hospital regarding the leave duration, and they won’t accept a confirmation letter from a private doctor. The district hospital is far from my home, making it inconvenient to travel. Is it correct for my workplace to make this demand?
Answer:
The requirement from your workplace for a confirmation letter from the district hospital regarding your leave duration is not in accordance with the provisions of labor law. Specifically, Article 138 of Labor Code 2019 stipulates the unilateral termination and postponement rights for pregnant female employees as follows:
“1. Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.
In case of unilateral termination or suspension of the employment contract, a notification enclosed with the aforementioned confirmation from the health facility shall be submitted to the employer.
2. In case of suspension of the employment contract, the suspension period shall be agreed by the employer and the employee and must not be shorter than the period specified by the health facility. If the rest period is not specified by the health facility, both parties shall negotiate the suspension period.”
Question: From another female employee
Hello sir, Im a worker from Z Company. I returned to work after 4 months of giving birth, even though the labor law allows for a 6-month maternity leave. Will I still be eligible for maternity benefits for the 2 months I returned to work early?
Answer:
According to the provision in Clause 4 of Article 139 of Labor Code 2019, employees are entitled to maternity benefits for the 2 months, even though you returned to work earlier. This entitlement is based on the regulations of the social insurance scheme. Specifically: “The female employee may return to work before the expiry of her statutory maternity leave stipulated in Clause 1 of this Article after she has taken at least 04 months of leave, provided she has obtained a confirmation from a competent health facility that the early resumption of work does not adversely affect her health, the employer receives a prior notice of the early resumption and agrees to the early resumption.
Question: From an Anonymous
I am a worker from Y limited company. Am I eligible for an allowance when taking time off to care for my sick child?
Answer:
You will be eligible for an allowance during the period of leave taken to care for a child under 7 years old who is ill. (Since you didn’t specify your child’s age, it’s unclear if your situation falls under this category.) Specifically, Article 141 of Labor Code stipulates allowances during leave taken to care for a sick child, maternity leave, and the implementation of contraceptive measures as follows:
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
