A reader has email address duongvx @ xxx asked: I was on maternity leave in the 4th month. Could I go to work priorto the expiration of the maternity leave period? I was paid maternity benefits by the social insurance, when I went to work priorto the expiration of the maternity leave period, Was I enjoyed  full salary?

Lawyer Thai Thi Phuong, YouMe Law Firm answered as follows:

Clause 1, Article 34 of the Law on Social Insurance 2014 provides for maternity leave as follows:

Article 40 of the Law on Social Insurance 2014 provides that Female employees going to work prior to the expiration of the maternity leave period as follows:

1. Female employees may go to work prior to the expiration of the maternity leave period specified in Clause 1 or 3, Article 34 of this Law when fully meeting the following onditions:

a/ Having taken a leave for at least 4 months.

b/ Notifying in advance their wish to go to work prior to the expiration of the maternity leave period and obtaining the consent of their employers.

2. Female employees who go to work prior to the expiration of the maternity leave period are entitled to not only salaries but also the maternity regime until the expiration of the period specified in Clause 1 or 3, Article 34 of this Law.

At the same time, Clause 4, Article 157 of the 2012 Labor Code stipulates:

3. The female employee may return to work before the expiry of her statutory maternity leave as stipulated in Clause 1 of this Article, if so demanded and is agreed by the employer, provided that the female employee has taken at 69 least 04 months of prenatal and postnatal leave and she obtains a medical certificate from a competent health care institution which affirms that the early resumption of work does not adversely affect her health. .

 In this case, besides the wage of the working days, paid by the employer, the female employee shall continue to receive the maternity allowance, in accordance with the Social Insurance Law.

Legal advice

Please contact our free legal advice hotline 19008088 - call the hotline: 0979310518; 0961360559 to get a prompt answer, or send us an email: tuvanphapluat@laodong.com.vn or to 6 Pham Van Bach, Hanoi and 198 Nguyen Thi Minh Khai, P6, Q3, HCMC for Counseling in person on Tuesday and Friday every week.

The column was made with support from YouMe Law Firm.