Maximum Days of Postpartum Convalescence for Female Employees Undergoing Surgery after Childbirth as per Regulations?
How many days off for recovery after maternity leave are female workers who give birth via surgery entitled to, according to regulations?
Based on the provisions of Article 41 of the Social Insurance Law 2014, the regulations are as follows:
Recovery and Health Rehabilitation after Maternity Leave
1. Female workers, right after the period of maternity leave policies as stipulated in Article 33, Clause 1 or Clause 3 of Article 34 of this Law, within the first 30 working days if their health has not yet recovered, are entitled to a recovery and health rehabilitation leave from 05 to 10 days.
The duration of recovery and health rehabilitation leave includes public holidays, New Year's holidays, and weekly rest days. In cases where the recovery and health rehabilitation leave period spans from the end of the previous year to the beginning of the next year, that period is counted for the previous year.
2. The number of days of recovery and health rehabilitation leave stipulated in Clause 1 of this Article is decided by the employer and the grassroots trade union's Executive Committee, in case the employer has not set up a grassroots trade union, the decision is made by the employer. The recovery and health rehabilitation leave period is regulated as follows:
a) A maximum of 10 days for female workers who give birth to two or more children at a time;
b) A maximum of 07 days for female workers who give birth via surgery;
c) A maximum of 05 days for other cases.
3. The benefit level of recovery and health rehabilitation after maternity leave per day is 30% of the statutory pay rate.
Thus, based on the above regulations, the maximum number of days that female workers who give birth via surgery are entitled to for recovery and health rehabilitation after maternity leave is 07 days.
The duration of recovery and health rehabilitation leave includes public holidays, New Year's holidays, and weekly rest days. In cases where the recovery and health rehabilitation leave period spans from the end of the previous year to the beginning of the next year, that period is counted for the previous year.
How many days off for recovery after maternity leave are female workers who give birth via surgery entitled to according to regulations?
What is the benefit level of recovery and health rehabilitation after maternity leave for female workers who give birth via surgery?
Based on the provisions of Clause 3, Article 41 of the Social Insurance Law 2014, the regulations are as follows:
Recovery and Health Rehabilitation after Maternity Leave
1. Female workers, right after the period of maternity leave policies as stipulated in Article 33, Clause 1 or Clause 3 of Article 34 of this Law, within the first 30 working days if their health has not yet recovered, are entitled to a recovery and health rehabilitation leave from 05 to 10 days.
The duration of recovery and health rehabilitation leave includes public holidays, New Year's holidays, and weekly rest days. In cases where the recovery and health rehabilitation leave period spans from the end of the previous year to the beginning of the next year, that period is counted for the previous year.
2. The number of days of recovery and health rehabilitation leave stipulated in Clause 1 of this Article is decided by the employer and the grassroots trade union's Executive Committee, in case the employer has not set up a grassroots trade union, the decision is made by the employer. The recovery and health rehabilitation leave period is regulated as follows:
a) A maximum of 10 days for female workers who give birth to two or more children at a time;
b) A maximum of 07 days for female workers who give birth via surgery;
c) A maximum of 05 days for other cases.
3. The benefit level of recovery and health rehabilitation after maternity leave per day is 30% of the statutory pay rate.
The benefit level of recovery and health rehabilitation after maternity leave per day is 30% of the statutory pay rate.
The current statutory pay rate is 1,800,000 VND/month (in accordance with the provisions of Clause 2, Article 3 of Decree 24/2023/ND-CP).
The benefit level of recovery and health rehabilitation after maternity leave per day is calculated as follows:
30% x 1,800,000 VND = 540,000 VND/day.
Thus, the total benefit level of recovery and health rehabilitation after maternity leave for female workers who give birth via surgery is a maximum of: 3,780,000 VND.
How long is the resolution period for recovery and health rehabilitation benefits after maternity leave?
Based on the provisions of Clause 4, Article 5 of the Procedure for resolving social insurance benefits, paying social insurance benefits, and unemployment insurance issued by Vietnam Social Security attached to Decision 166/QD-BHXH of 2019, the regulations are as follows:
Responsibilities for resolving and paying
4. Resolution and payment period
4.1. In case the employer requests: A maximum of 06 working days from the date of receipt of the complete dossier as prescribed.
4.2. In case the employee or their relative submits the dossier directly to the social insurance agency: A maximum of 03 working days from the date of receipt of the complete dossier as prescribed.
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The resolution period for recovery and health rehabilitation benefits after maternity leave is regulated as follows:
- In case the employer requests: A maximum of 06 working days from the date of receipt of the complete dossier as prescribed.- In case the employee or their relative submits the dossier directly to the social insurance agency: A maximum of 03 working days from the date of receipt of the complete dossier as prescribed.
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