Learn about: reduced working hours for pregnant women, benefits of pregnant women under the Labor Code, maternity insurance for pregnant female workers.
How many weeks pregnant can you go home 1 hour early (on leave)?
1. Regulations on working hours for pregnant women
Article 137 of the 2019 Labor Code stipulates that female workers will have their daily working hours reduced by 1 hour or be transferred to lighter work without a reduction in salary and other benefits if they fall into one of the following three cases:
- Doing heavy, toxic, dangerous work;
- Doing especially hard, toxic, dangerous work;
- Currently doing work that has a negative impact on reproductive function and child-rearing.
That is, female workers doing the above-mentioned special jobs, when they discover they are pregnant and have notified their employer, will have their working hours reduced by 1 hour (*) while still receiving full salary according to the labor contract.
In case a female employee working under normal conditions wants to reduce her working hours by 1 hour, she can negotiate with the employer, but her salary may be deducted for 1 working hour.
The implementation time is calculated from the time the female employee notifies the employer until before the employee’s child turns 1 year old.
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(*) Pregnant female workers can choose to leave 1 hour early/day or leave 1 hour late/day.
>> See more: Conditions for maternity benefits.
2. Regulations on penalties for not allowing pregnant female workers to leave work 1 hour early
According to Article 28 of Decree 12/2022/ND-CP, employers can be fined from VND 10,000,000 to VND 20,000,000 if they do not change jobs or reduce working hours for pregnant female employees when they fall into one of the following three cases:
- Do heavy, toxic, dangerous work;
- Doing especially heavy, toxic, dangerous work;
- Doing work that negatively affects fertility and child-rearing.
Note:
The above fine is for individual employers. This fine will be doubled if the employer is an organization.
>> See more: Will Party members be punished for having a third child?
8 exclusive benefits for pregnant female workers
According to the 2019 Labor Code, pregnant female workers will be given priority to enjoy 8 benefits:
1. No overtime, night work, or business trips
Article 137 of the 2019 Labor Code stipulates that enterprises and organizations are not allowed to use female employees to work overtime, work at night or go on business trips if:
- Pregnant workers from the 7th month;
- Pregnant workers from the 6th month if working in remote areas, border areas, or islands.
>> Reference: Regulations on overtime and night work.
2. Be transferred to lighter work
As Online Accounting shared in the above section, pregnant female workers can switch to light work or have their working hours reduced by 1 hour if they are doing heavy, toxic, dangerous work or work that has a negative impact on reproductive function and child-rearing.
At that time, the employer must be responsible for providing full information about the nature of the danger, risks and requirements of the job for female workers to choose and must ensure safety and hygiene conditions for female workers according to the law.
3. Can pregnant women take time off work?
The 2019 Labor Code stipulates that employers are not allowed to dismiss or unilaterally terminate labor contracts with female employees who are pregnant or on maternity leave.
In case the labor contract expires while the female employee is pregnant or raising a child under 1 year old, she will be given priority to sign a new labor contract.
>> See now: Conditions for unemployment benefits.
4. Unilateral termination of contract during pregnancy
Article 138 of the 20219 Labor Code stipulates that pregnant female employees can unilaterally terminate their labor contracts if there is confirmation from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus.
5. Contract performance is suspended during pregnancy
In case there is confirmation from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus, the employee may temporarily suspend the performance of the labor contract after notifying the employer.
The period of suspension of the labor contract is agreed upon by the employee and the employer, but must be at least equal to the period of temporary leave designated by the competent medical examination and treatment facility.
In case there is no indication from a competent medical examination and treatment facility, the temporary leave period shall be agreed upon by both parties.
6. When does the 6-month maternity leave start?
According to Article 34 of the Law on Social Insurance, female employees have 6 months of maternity leave before and after giving birth. The maximum leave before giving birth is 2 months.
Note:
1) If a female employee gives birth to two, three or more children, from the second child onwards, the female employee is entitled to an additional 1 month off for each child.
2) End of maternity leave as prescribed:
- Female workers can still negotiate with their employers to take unpaid leave when needed;
- Female employees who have taken at least 4 months of maternity leave can return to work, but must have the employer’s consent and a medical facility confirm that returning to work early does not affect their health. In this case, the female employee will receive both the employer’s salary and maternity allowance according to social insurance regulations.
7. Enjoy maternity insurance benefits according to regulations
Female employees are entitled to maternity benefits in accordance with the provisions of the law on social insurance if they meet all the conditions for maternity benefits. Maternity benefits include:
- Get 5 days off work for prenatal check-ups (*);
- Receive a one-time allowance upon birth;
- Receive maternity benefits;
- Get 3-10 days of rest and recovery after giving birth within the first 30 days of returning to work.
Note:
(*) In case female employees live far from medical examination and treatment facilities or have an illness or abnormal pregnancy, they are entitled to 2 days off for each prenatal examination.
>> See details: Procedures for enjoying maternity insurance benefits.
8. No disciplinary action during pregnancy or maternity leave
The 2019 Labor Code stipulates that employers are not allowed to discipline female employees during the following periods:
- Pregnant;
- On maternity leave;
- Currently raising a child under 12 months old.
However, after the above period, female employees can still be disciplined because the statute of limitations for handling labor discipline violations can be extended.
You may be interested in:
>> Salary for social insurance, health insurance, unemployment insurance;
>> Compulsory social insurance benefits;
>> How to calculate occupational accident and disease benefits.
Questions regarding the rights of pregnant female workers
1. How many weeks pregnant can I get maternity leave?
Pregnant female workers who fall into one of the following three categories will have their working hours reduced by 1 hour (leave work 1 hour early or arrive 1 hour late) or be transferred to lighter work:
- Doing heavy, toxic, dangerous work;
- Doing especially hard, toxic, dangerous work;
- Currently doing work that has a negative impact on reproductive function and child-rearing.
>> See now: Conditions for going home 1 hour early when pregnant.
2. What benefits do female workers enjoy during pregnancy?
According to the provisions of the 2019 Labor Code, pregnant female workers will enjoy the following benefits:
- No overtime, night work, or business trips;
- Be transferred to lighter work;
- Do not dismiss or unilaterally terminate labor contracts with pregnant or maternity leave employees;
- Unilaterally terminate the contract with the enterprise when pregnant;
- Suspension of contract performance during pregnancy;
- Maternity leave before and after birth;
- Enjoy maternity insurance benefits according to regulations;
- No disciplinary action during pregnancy or maternity leave.
>> See details: 8 rights of female workers during pregnancy.
3. When can I take maternity leave?
According to regulations, the total time female employees are allowed to take maternity leave before and after giving birth is 6 months and the leave time before giving birth cannot exceed 2 months.
Normally, the expected date of birth is the 40th week of pregnancy, then at the 32nd week of pregnancy, female workers can take leave and enjoy maternity benefits.
4. How many days notice do I need for maternity leave?
Currently, the law does not stipulate how many days notice an employee must give before taking maternity leave. However, you should notify the company in advance of your leave start date so that the company can plan to find a replacement during your maternity leave.
5. What documents are required for maternity leave?
To receive maternity benefits under the Social Insurance policy, you need to prepare the following documents:
- Copy of child’s birth certificate or birth certificate;
- Copy of child’s death certificate (in case of child death) or mother’s death certificate (in case mother dies in childbirth);
- Mother’s medical records or hospital discharge papers in case the child dies after birth without a birth certificate;
- Certificate from a competent medical facility confirming the mother’s condition at the time of birth that she is not healthy enough to give birth;
- Certificate from a competent medical facility in case the female employee has to take time off work to rest during pregnancy.
>> See details: Procedures for registering for maternity insurance.
6. Does voluntary insurance cover maternity?
From July 1, 2025, voluntary social insurance participants will be entitled to maternity benefits according to the amended Law on Social Insurance. Specifically, insurance participants who have paid social insurance for 6 months or more within 12 months before giving birth will receive a subsidy of VND 2,000,000:
- For every child born;
- For fetuses 22 weeks or older who die in utero;
- Causing death of the fetus during labor.
>> See more: Social Insurance Law 2024 No. 41/2024/QH15 – Effective from July 1, 2025.
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