The time when female workers give birth and return to work

Lawyer Nguyen Thi Hoai Anh, YouMe Law Company Limited replied:

Article 139 of the 2019 Labor Code regulates maternity leave as follows:

1. Female employees are entitled to 6 months of maternity leave before and after giving birth; Prenatal leave period must not exceed 2 months.

In case a female employee gives birth to twins or more, from the second child onwards, for each child, the mother is entitled to 1 additional month of leave.

2. During maternity leave, female employees are entitled to maternity benefits according to the provisions of law on social insurance.

3. At the end of the maternity leave period as prescribed in Clause 1 of this Article, if needed, the female employee can take an additional period of unpaid leave after agreement with the employer.

4. Before the end of the maternity leave period as prescribed in Clause 1 of this Article, female employees can return to work after taking leave for at least 4 months but the employee must notify in advance and receive permission from the employer. Agree and have confirmation from a competent medical examination and treatment facility that going 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, the female employee continues to receive maternity benefits according to the provisions of the law on social insurance.

5. Male employees whose wives give birth, employees who adopt children under 6 months old, female employees who are surrogate mothers, and employees who are surrogate mothers are entitled to leave and enjoy maternity benefits according to regulations. of the law on social insurance.

Thus, female employees who give birth can return to work after taking at least 4 months off, but the employee must notify in advance, receive approval from the employer and have confirmation from a medical examination and treatment facility. has authority that going to work early is not harmful to the health of workers according to the regulations cited above.