Leave period and allowance levels of the maternity regime

1. Period of the maternity regime

(i) Leave period for prenatal checks-up

Pregnant female employees are entitled to take leaves for 5 prenatal checks-up, one day for each check-up.

Employees who live far from health establishments or have pathological signs or abnormal pregnancies are entitled to take a two-day leave for each prenatal check-up.

The leave period shall be counted in working days, excluding public holidays, New Year holidays and weekends.

(ii) Leave period upon miscarriage, abortion, stillbirth or pathological abortion

When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

• 10 days, for pregnancy of under 5 weeks.

• 20 days, for pregnancy of between 5 weeks and under 13 weeks.

• 40 days, for pregnancy of between 13 weeks and under 25 weeks.

• 50 days, for pregnancy of 25 weeks or more.

The maternity leave period is inclusive of public holidays, New Year holidays and weekends.

(iii) Leave period for childbirth

• Female employees are entitled to a 6-month leave before and after childbirth under the maternity regime. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

• Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:

  • 5 working days.

  • 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy.

  • 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second.

  • 14 working days, in case their wives give birth to twins or more infants and take childbirth operations.

The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

(iv) Maternity regime of female employees as surrogate mothers and intended mothers

• A female employee as surrogate mother is entitled to the prescribed regime when getting prenatal check-ups, miscarriage, abortion, stillbirth or pathological abortion, and take a maternity leave until the time of relinquishing the child to the intended mother (no more than 02 months).

• Intended mothers are entitled to a maternity leave from the time of receiving the child until the child reaches full 6 months.

(v) Leave period for child adoption

Employees adopting an under-6-month child are entitled to a maternity leave until the child reaches full 6 months.

In case both parents are covered by social insurance and fully satisfy the conditions for enjoying the maternity regime, either father or mother only is entitled to a maternity leave.

(vi) Leave period when taking contraceptive measures

When taking contraceptive measures, employees are entitled to the maternity regime as prescribed by competent health establishments. The maximum leave period is:

• 7 days, for female employees implanted with intrauterine devices

• 15 days, for employees taking sterilization measures.

The maternity leave period is inclusive of public holidays, New Year holidays and weekends.

2. Allowance levels of the maternity regime

Allowance levels of the maternity regime for employees are prescribed as follows:

• For employees entitled to the maternity regime in cases of prenatal checking-up; miscarriage, abortion, stillbirth or pathological abortion; childbirth; taking contraceptive measures; female employees as surrogate mothers and intended mothers: 

A monthly allowance must equal 100% of the average of salaries of 06 months preceding the leave on which social insurance premiums are based.

• For employees entitled to the maternity regime in cases of prenatal checking-up and Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity regime: The per-diem allowance must equal the monthly maternity allowance divided by 24 days.

• For employees entitled to the maternity regime in cases of childbirth or child adoption: The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance.

In case of odd days or the cases of miscarriage, abortion, stillbirth or pathological abortion or taking contraceptive measures: the per- diem allowance must equal the monthly allowance divided by 30 days.

3. Legal basis

Law on Social Insurance 2014.