Are teachers who do not take the leave entitled to rest and recovery benefits in Vietnam?

Are teachers who do not take the leave entitled to rest and recovery benefits in Vietnam?

Based on Article 13 of Circular 59/2015/TT-BLDTBXH amended and supplemented by Clauses 8 and 9 of Article 1 Circular 06/2021/TT-BLDTBXH which provides for rest and recovery benefits maternity leave:

Rest and recovery benefits maternity leave

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3. For female employees who, within one year, both take leave to receive convalescence, health recovery benefits after the maternity leave period as prescribed in Article 33 of the Social Insurance Law, and take leave to receive convalescence, health recovery benefits after the maternity leave period as prescribed in Clause 1 or Clause 3 of Article 34 of the Social Insurance Law, the total leave period for convalescence, health recovery in that year for each case must not exceed the maximum period prescribed in Clause 2 of Article 41 of the Social Insurance Law.

4. In case the employee does not take leave, they are not entitled to the convalescence, health recovery policies.

Thus, teachers who do not take the leave shall not receive rest and recovery benefits.

Are teachers who do not take the leave entitled to rest and recovery benefits in Vietnam? (Internet image)

Does the rest and recovery benefits of teachers include holidays?

Article 41 of the Social Insurance Law 2014 provides for rest and recovery benefits maternity leave as follows:

Rest and recovery benefits maternity leave

1. Female employees immediately after the period of maternity leave prescribed in Article 33, Clause 1 or Clause 3 of this Law, if their health has not yet recovered within the first 30 working days, may take convalescence, health recovery from 05 days to 10 days.

The rest and recovery benefits includes public holidays, Tet holidays, and weekly days off. If the rest and recovery benefits spans from the end of the previous year to the beginning of the following year, the leave period is counted for the previous year.

2. The number of convalescence, health recovery days prescribed in Clause 1 of this Article is decided by the employer and the local union executive committee, or by the employer if no union has been established. The rest and recovery benefits is specified as follows:

a) Up to 10 days for female employees who give birth to two or more children at once;

b) Up to 07 days for female employees who give birth by surgery;

c) Up to 05 days for other cases.

3. The convalescence, health recovery benefits for one day equal 30% of the statutory pay rate.

Therefore, the rest and recovery benefits of teachers includes public holidays, Tet holidays, and weekly days off. If the rest and recovery benefits spans from the end of the previous year to the beginning of the following year, the leave period is counted for the previous year.

Additionally, the rest and recovery benefits of teachers ranges from 05 days to 10 days specifically:

- Up to 10 days for female employees who give birth to two or more children at once;- Up to 07 days for female employees who give birth by surgery;- Up to 05 days for other cases.

What is the time limit for settling rest and recovery benefits after maternity leave for teachers in Vietnam?

According to Article 103 of the Social Insurance Law 2014 which provides for the settlement of rest and recovery benefits after sick, maternity leave:

Settlement of rest and recovery benefits after sick, maternity leave

1. Within 10 days from the date the employee becomes eligible for the convalescence, health recovery benefits after sickness, maternity, the employer shall compile and submit a list to the social insurance agency.

2. Within 10 days from the date of receipt of the complete dossier as prescribed, the social insurance agency shall resolve and organize the payment to the employee; if not resolved, a written response stating the reason is required.

Therefore, within 10 days from the date teachers become eligible for the convalescence, health recovery benefits after sickness, maternity, the employer shall compile and submit a list to the social insurance agency.

Within 10 days from the date of receipt of the complete dossier as prescribed, the social insurance agency shall resolve and organize the payment to the teachers; if not resolved, a written response stating the reason is required.