When is the time for convalescence after the maternity leave period in Vietnam? What is the maximum leave period for convalescence?
When is the time for convalescence and health rehabilitation after the maternity leave period in Vietnam?
Pursuant to the provisions of Clause 1, Article 41 of the Law on Social Insurance 2014 as follows:
Convalescence and health rehabilitation after the maternity leave period
1. Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.
The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.
Thus, female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.
The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.
When is the time for convalescence after the maternity leave period in Vietnam? What is the maximum leave period for convalescence?
What is the maximum leave period for convalescence and health rehabilitation after the maternity leave period in Vietnam?
Pursuant to the provisions of Clause 2, Article 41 of the Law on Social Insurance 2014, specifically:
Convalescence and health rehabilitation after the maternity leave period
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2. The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up. The maximum leave period for convalescence and health rehabilitation is:
a/ 10 days, for female employees who give birth to twins or more infants;
b/ 7 days, for female employees who have a surgical birth;
c/ 5 days, in other cases.
Thus, the maximum leave period for convalescence and health rehabilitation is:
- 10 days, for female employees who give birth to twins or more infants;
- 7 days, for female employees who have a surgical birth;
- 5 days, in other cases.
Therefore, according to the above regulations, the maximum number of days off for convalescence when giving birth will be different and the maximum number of days off is 5 days including holidays, New Year holidays, and weekly days off.
How long does it take to process convalescence benefits in Vietnam?
Pursuant to the provisions of Clause 4, Article 5, procedures for processing of applications for social insurance benefits, and payment of social insurance and unemployment insurance benefits with Decision 166/QD-BHXH in 2019 stipulates as follows:
Responsibility to process applications and make payments
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4. Time-limit for application processing and payment
4.1. An application submitted by the employer shall be processed within 06 working days from the receipt of sufficient application as regulated.4.2. If an application is submitted by the worker or his/her relative directly to the social security office, it shall be processed within 03 working days from the receipt of sufficient application as regulated.
5. Review and inspection
5.1. Responsibility of Social Insurance Implementation Unit:
5.1.1. Review and inspection
Based on database on sickness, maternity and convalescence benefits, database of sickness and maternity fund, database on covered healthcare and medical assessment services, and national population database (if any), review, compare and analyze information for detecting cases of misuse of social insurance fund, prepare and send List 01A-HSB) to the Inspectorate Unit.
5.1.2. Inspection plan
a) Annual inspection: Cooperate with the Inspectorate Unit in developing annual plan for inspection of payment of sickness and maternity benefits by employers, health facilities and agencies approving applications for sickness and maternity benefits in district. Director of social security office shall decide the number of agencies and entities subject to the annual inspection.
b) Unscheduled inspection: Based on data reviewing results, prepare the List of entities to be subjected to an unscheduled inspection, and proactively cooperate with relevant units (Inspectorate Unit, Planning and Finance Unit, Benefit Claim and Customer Service Unit, Medical Claim Review Unit) in requesting the Director of social security office to make unscheduled inspection decision.
5.2. Responsibility of Social Insurance Implementation Division: Perform duties mentioned in Point 5.1 of this Clause and carry out inspection of employers whose applications have been processed by Districts Social Security Offices.
Thus, according to the above regulations, the Social Insurance agency will handle the post-maternity leave and recovery regime within 6 working days from the date your company submits a complete application.
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