Vietnam: Will teachers failing to take convalescence leave after childbirth be entitled to the amount of money?

Will teachers failing to take convalescence leave after childbirth in Vietnam be entitled to the amount of money?

Under Article 41 of the Law on Social Insurance 2014, the regulations are 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.

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Under Article 13 of Circular 59/2015/TT-BLDTBXH, supplemented by Clauses 8 and 9 Article 1 of Circular 06/2021/TT-BLDTBXH, the regulations on convalescence and health rehabilitation after the maternity leave period are as follows:

Convalescence and health rehabilitation after the maternity leave period

1. The female employees and female employee as surrogate mother shall be entitled to take leave for convalescence and health rehabilitation in accordance with the provisions in Article 41 of the Law on social insurance and Point c, Clause 3, Article 3 of Decree No. 115/2015/ND-CP.

The first 30 working days according to Clause 1 Article 41 of Law on Social Insurance refers to 30 working days following the period of maternity benefits where workers’ health has not fully recovered.

Female workers who work before maternity leave expires according to Article 40 of Law on Social Insurance shall no longer eligible for postpartum rest and health rehabilitation benefits.

2. The female employees are eligible for convalescence and health rehabilitation in any year, the period of time of leave to enjoy the convalescence and health rehabilitation shall be calculated for such year.

3. For female workers who receive both rest and health rehabilitation benefits after maternity benefit period under Article 33 of Law on Social Insurance and rest and health rehabilitation benefits after maternity benefit period under Clause 1 or Clause 3 Article 34 of Law on Social Insurance, rest and health rehabilitation period in the year must not exceed the maximum period under Clause 2 Article 41 of Law on Social Insurance.

4. Workers who do not take the leave shall not receive rest and health rehabilitation benefits.

Under the above regulations, a teacher is entitled to convalescence leave after childbirth if her health has not yet recovered within 30 working days following the period of maternity benefits.

Thus, if a teacher does not take convalescence leave after childbirth, she is not entitled to monetary benefits from this policy.

Will teachers failing to take convalescence leave after childbirth in Vietnam be entitled to the amount of money? (Image from the Internet)

What is the maximum maternity leave period before childbirth for teachers in Vietnam?

Under Clause 1 Article 34 of the Law on Social Insurance 2014, the regulations on the leave period for childbirth are as follows:

Leave period for childbirth

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

2. Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a paternity leave of:

a/ 5 working days;

b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;

c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;

d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.

The paternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

Thus, the maximum maternity leave period before childbirth for teachers in Vietnam is not more than 2 months.

What are the regulations on the leave period when taking contraceptive measures for teachers in Vietnam?

Under Article 37 of the Law on Social Insurance 2014, the regulations on the leave period when taking contraceptive measures are as follows:

Leave period when taking contraceptive measures

1. When taking contraceptive measures, employees are entitled to the maternity benefits as prescribed by competent health establishments. The maximum leave period is:

a/ 7 days, for female employees implanted with intrauterine devices;

b/ 15 days, for employees taking sterilization measures.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

Thus, the leave period when taking contraceptive measures for teachers in Vietnam is regulated as follows:

- 7 days, for female employees implanted with intrauterine devices;

- 15 days, for employees taking sterilization measures.