During maternity leave, does the unit have the right to impose disciplinary decisions on female teachers in Vietnam?

During maternity leave, does the unit have the right to impose disciplinary decisions on female teachers in Vietnam?

Based on Article 3 of Decree 112/2020/ND-CP (amended and supplemented by Clause 3, Article 1 of Decree 71/2023/ND-CP), disciplinary actions are not considered in following cases:

Cases where disciplinary action is not considered

1. Officials and public employees are on annual leave, leave according to policies, personal leave approved by competent authorities.

2. Officials and public employees are undergoing treatment for serious illnesses or are incapacitated; are seriously ill and are being treated as inpatients with confirmation from a competent medical authority.

3. Officials and public employees who are female are during pregnancy, maternity leave, or nursing a child under 12 months old, or male officials and public employees (in case the wife dies or due to other objective and force majeure reasons) who are nursing a child under 12 months old, except where the violator has a written request for disciplinary consideration.

4. Officials and public employees are being prosecuted, detained, or held in custody awaiting the conclusion of competent investigative, prosecutorial, or adjudicating bodies for violations of the law, except as decided by the competent authority.

Thus, a unit cannot issue a disciplinary decision against a female teacher during maternity leave or while nursing a child under 12 months old.

During maternity leave, does the unit have the right to impose disciplinary decisions on female teachers in Vietnam? (Image from the Internet)

How many months of maternity leave does a female teacher in Vietnam get if she has twins?

Based on Article 34 of the Social Insurance Law 2014, the duration of maternity benefits is as follows:

Duration of maternity benefits upon childbirth

1. A female employee giving birth is entitled to 6 months of maternity leave before and after childbirth. In the case of twins or more, from the second child onwards, the mother is entitled to an additional 1 month for each child.

The maximum prenatal maternity leave duration should not exceed 2 months.

2. A male employee who is paying social insurance premiums and whose wife gives birth is entitled to maternity benefits as follows:

a) 5 working days;

b) 7 working days if the wife undergoes surgery or gives birth to a child under 32 weeks;

c) In the case of twins, 10 working days, for triplets or more, an additional 3 working days for each child;

d) In the case of twins or more with surgical birth, 14 working days.

The period for a male employee to take leave for maternity benefits as stipulated in this clause is 30 days from the date of his wife's childbirth.

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Thus, a female teacher is entitled to a maximum of 7 months of maternity leave if she has twins.

How many days of convalescence and health recovery is a female teacher in Vietnam entitled to immediately after maternity benefits?

Based on Article 41 of the Social Insurance Law 2014, the convalescence and health recovery after maternity leave are as follows:

Convalescence and health recovery after maternity leave

1. A female employee immediately after finishing maternity leave as stipulated in Article 33 or Clause 1 or Clause 3 of Article 34 of this Law, within the first 30 working days, if her health has not yet recovered, she is entitled to take a leave for convalescence and health recovery from 5 to 10 days.

The convalescence and health recovery leave period includes public holidays, New Year holidays, and weekly days off. If the convalescence and health recovery leave period overlaps from the end of the previous year to the beginning of the following year, the days off are counted for the previous year.

2. The number of days for convalescence and health recovery as stipulated in Clause 1 of this Article is decided by the employer and the executive board of the grassroots trade union. In the case the employer has not yet established a grassroots trade union, it is decided by the employer. The convalescence and health recovery leave durations are as follows:

a) Maximum 10 days for female employees giving birth to twins in one instance;

b) Maximum 7 days for female employees undergoing surgery to give birth;

c) Maximum 5 days for other cases.

3. The benefit level for convalescence and health recovery after maternity leave per day is 30% of the statutory pay rate.

Thus, immediately after maternity benefits, a female teacher is entitled to convalescence and health recovery leave from 5 to 10 days.

Additionally, the convalescence and health recovery leave period of a female teacher includes public holidays, New Year holidays, and weekly days off. If the convalescence and health recovery leave period overlaps from the end of the previous year to the beginning of the following year, the days off are counted for the previous year.