– Maximum of 20 working days of leave per child per year
According to Article 27 of the Social Insurance Law (guided by Article 5 of Circular No. 59/2015/TT-BLDTBXH), female workers with children under 12 months old are entitled to a maximum of 20 working days of leave per year per child if the child is ill and has a certification from a competent medical examination and treatment facility. The leave period is calculated as social insurance benefit days, excluding holidays, Tet holidays, and weekly days off.
Female workers with children under 12 months old are entitled to various benefits
– Sick child care allowance
In addition to leave to take care of a sick child, female workers with children under 12 months old who participate in compulsory social insurance and meet the conditions for entitlement to the child sickness regime will receive a sickness allowance during the leave period to take care of the child as prescribed.
– No disciplinary action
According to Clause 4, Article 122 of the 2019 Labor Code, for female workers with children under 12 months old, the employer shall not implement labor discipline. Labor discipline will be implemented after the worker has finished the time to raise a child under 12 months old.
– Refuse to work at night, overtime, or travel on business
Point b, Clause 1, Article 137 of the 2019 Labor Code stipulates that female workers with children under 12 months old have the right to refuse to work at night, overtime, or travel on business when required by the employer.
– Transfer to lighter work or reduced working hours
Clause 2, Article 137 of the 2019 Labor Code stipulates that female workers with children under 12 months old will be transferred to lighter, safer jobs or have their working hours reduced by one hour per day when doing heavy, hazardous, or harmful work; especially heavy, hazardous, or harmful work; or work that adversely affects reproductive function and child care during pregnancy.
The transfer to lighter work or reduction of working hours will not result in a cut in wages or the rights and interests of the worker until the end of the period of raising a child under 12 months old.
– 60-minute break per day with full pay
Clause 4, Article 137 of the 2019 Labor Code stipulates that female workers with children under 12 months old are entitled to a 60-minute break during working hours each day and are entitled to full pay according to their labor contract.
However, to ensure that the common work at the unit is not affected, the worker needs to agree in advance with the employer on the break time.
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