Women Employees Taking 10 Days of Rest and Recovery After Maternity Leave: How Much Compensation Are They Entitled To?
When are female workers entitled to take convalescence leave after giving birth?
Based on the provisions of Clause 1, Article 41 of Social Insurance Law 2014 regarding convalescence and health recovery after childbirth, as follows:
Convalescence and health recovery after childbirth
1. Female workers immediately after the period of maternity leave as prescribed in Article 33, Clause 1, or Clause 3 Article 34 of this Law, within the first 30 working days, if their health has not yet recovered, they are entitled to convalescence and health recovery leave from 05 to 10 days.
The convalescence and health recovery leave period includes both public holidays, Tet holidays, and weekly rest days. In case the convalescence and health recovery leave spans from the end of one year to the beginning of the next year, such leave period shall be counted for the previous year.
2. The number of days of convalescence and health recovery leave prescribed in Clause 1 of this Article shall be decided by the employer and the grassroots trade union executive committee. In case the employer has not yet established a grassroots trade union, the employer shall decide. The convalescence and health recovery leave period is regulated as follows:
a) A maximum of 10 days for female workers who give birth to two or more children at once;
b) A maximum of 07 days for female workers giving birth through surgical delivery;
c) A maximum of 05 days for other cases.
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Female workers immediately after the period of maternity leave as prescribed in Article 33, Clause 1 or Clause 3 Article 34 of Social Insurance Law 2014, within the first 30 working days, if their health has not yet recovered, they are entitled to convalescence and health recovery leave from 05 to 10 days.
How much money do female workers receive for 10 days of convalescence and health recovery after childbirth?
How much money do female workers receive for 10 days of convalescence and health recovery after childbirth?
Based on the provisions of Clause 3 Article 41 of Social Insurance Law 2014 regarding convalescence and health recovery after childbirth as follows:
Convalescence and health recovery after childbirth
1. Female workers immediately after the period of maternity leave as prescribed in Article 33, Clause 1 or Clause 3 Article 34 of this Law, within the first 30 working days, if their health has not yet recovered, they are entitled to convalescence and health recovery leave from 05 to 10 days.
The convalescence and health recovery leave period includes both public holidays, Tet holidays, and weekly rest days. In case the convalescence and health recovery leave spans from the end of one year to the beginning of the next year, such leave period shall be counted for the previous year.
2. The number of days of convalescence and health recovery leave prescribed in Clause 1 of this Article shall be decided by the employer and the grassroots trade union executive committee. In case the employer has not yet established a grassroots trade union, the employer shall decide. The convalescence and health recovery leave period is regulated as follows:
a) A maximum of 10 days for female workers who give birth to two or more children at once;
b) A maximum of 07 days for female workers giving birth through surgical delivery;
c) A maximum of 05 days for other cases.
3. The allowance for convalescence and health recovery after childbirth for one day is equal to 30% of the statutory pay rate.
The allowance for convalescence and health recovery after childbirth for one day is equal to 30% of the statutory pay rate.
The current statutory pay rate is 1,800,000 VND/month (as prescribed in Clause 2 Article 3 of Decree 24/2023/ND-CP).
The allowance for convalescence and health recovery for female workers taking 10 days is calculated as follows:
30% x 1,800,000 VND/month x 10 days = 5,400,000 VND.
Thus, female workers taking 10 days of convalescence and health recovery after childbirth are entitled to 5,400,000 VND.
What is the time limit for resolving convalescence policies after childbirth?
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 with Decision 166/QD-BHXH 2019 as follows:
Responsibility for resolution and payment
4. Time limit for resolution and payment
4.1. In case the employer submits the request: A maximum of 06 working days from the date of receiving the complete dossier as prescribed.
4.2. In case the employee or the employee's relative submits the dossier directly to the social insurance agency: A maximum of 03 working days from the date of receiving the complete dossier as prescribed.
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Thus, the time limit for resolving convalescence policies after childbirth is regulated as follows:
- In case the employer submits the request: A maximum of 06 working days from the date of receiving the complete dossier as prescribed.- In case the employee or the employee's relative submits the dossier directly to the social insurance agency: A maximum of 03 working days from the date of receiving the complete dossier as prescribed.
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