How many days off are teachers who have a surgical birth entitled to for convalescence in Vietnam?

How many days off are teachers who have a surgical birth entitled to for convalescence in Vietnam?

Pursuant to Article 41 of the Law on Social Insurance 2014 regulating convalescence and health rehabilitation after the maternity leave period in Vietnam:

Convalescence and health recovery after maternity leave

1. Female employees, immediately after the period of maternity leave specified in Article 33, Clause 1 or Clause 3 of Article 34 of this Law, if their health has not yet recovered within the first 30 days of returning to work, are entitled to convalescence and health recovery from 5 to 10 days.

The period of convalescence and health recovery includes public holidays, New Year holidays, and weekends. In cases where this period overlaps from the end of one year to the beginning of the next, it will be counted for the previous year.

2. The number of convalescence and health recovery days specified in Clause 1 of this Article is decided by the employer and the executive committee of the grassroots labor union. If no grassroots labor union has been established, the employer shall decide. The specific duration is as follows:

a) A maximum of 10 days for female employees giving birth to two children or more at once;

b) A maximum of 7 days for female employees who have a surgical birth;

c) A maximum of 5 days for other cases.

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

Thus, female teachers who have a surgical birth and have not recovered within the first 30 days of returning to work after their maternity leave are entitled to a maximum of 7 days of convalescence and health recovery.

How many days off are teachers who have a surgical birth entitled to for convalescence in Vietnam? (Internet image)

How many days off are male teachers entitled to when their wives have a surgical birth?

Pursuant to the provisions of Article 34 of the Law on Social Insurance 2014 regarding the period of maternity leave when taking care of a newborn child as follows:

Period of maternity leave when taking care of a newborn child

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2. Male employees who are paying social insurance premiums are entitled to days off to enjoy maternity benefits when their wives give birth as follows:

a) 5 working days;

b) 7 working days in case the wife undergoes a cesarean section or gives birth to a child under 32 weeks of gestation;

c) In case of twins, the leave is 10 working days, and for triplets or more, an additional 3 working days for each additional child starting from the third;

d) In case of twins or more and the wife undergoes a cesarean section, the leave is 14 working days.

The period of maternity leave specified in this clause will be counted within the first 30 days from the date the wife gives birth.

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Thus, according to the legal regulations, when the wife undergoes a cesarean section or gives birth to a child under 32 weeks of gestation, male teachers are entitled to 7 days off to enjoy maternity benefits.

In the case of twins or more and a cesarean section, the leave entitlement is 14 working days.

What is the leave period for prenatal checks-up for female teachers in Vietnam?

Pursuant to Article 32 of the Law on Social Insurance 2014 regarding the leave period for prenatal checks-up in Vietnam as follows:

Leave period for prenatal checks-up

1. During pregnancy, female employees are entitled to 5 prenatal check-ups, each lasting one day; in cases where they live far from the medical facility or have pathologies or abnormal pregnancies, they are entitled to 2 days for each prenatal check-up.

2. The period of entitlement to maternity benefits specified in this Article is counted on working days excluding public holidays, New Year holidays, and weekends.

Thus, during pregnancy, a female teacher is entitled to 5 prenatal check-ups, each lasting one day. In cases where they live far from the medical facility or have pathologies or abnormal pregnancies, they are entitled to 2 days for each prenatal check-up.

How many days of maternity leave is a female teacher entitled to upon miscarriage in Vietnam?

Pursuant to Article 33 of the Law on Social Insurance 2014 regarding the period of entitlement to maternity benefits for miscarriage, abortion, stillbirth, or pathological abortion as follows:

Period of entitlement to maternity benefits for miscarriage, abortion, stillbirth, or pathological abortion

1. When having a miscarriage, abortion, stillbirth, or pathological abortion, the female employee is entitled to maternity leave based on the medical facility's recommendations. The maximum leave period is specified as follows:

a) 10 days if the pregnancy is less than 5 weeks old;

b) 20 days if the pregnancy is between 5 weeks and less than 13 weeks old;

c) 40 days if the pregnancy is between 13 weeks and less than 25 weeks old;

d) 50 days if the pregnancy is 25 weeks or older.

2. The period of maternity leave specified in clause 1 of this Article includes public holidays, New Year holidays, and weekends.

Thus, a female teacher who has a miscarriage is entitled to maternity leave based on the medical facility's recommendations. The maximum leave period is specified as follows:

- 10 days if the pregnancy is less than 5 weeks old;

- 20 days if the pregnancy is between 5 weeks and less than 13 weeks old;

- 40 days if the pregnancy is between 13 weeks and less than 25 weeks old;

- 50 days if the pregnancy is 25 weeks or older.