Are employees entitled to recuperation policies during the social distancing period?

Article 29 of the 2014 Social Insurance Law stipulates convalescence and health rehabilitation after sickness as follows:

- Employees who have taken sick leave benefits for the full period in a year as prescribed in Article 26 of this Law, within the first 30 days of returning to work without fully recovering their health, are entitled to convalescence and health rehabilitation leave ranging from 05 days to 10 days in a year.

The convalescence and health rehabilitation leave period includes holidays, Tet holidays, and weekly rest days. In cases where the convalescence and health rehabilitation leave period spans the end of one year and the beginning of the next, that leave period is counted for the previous year.

- The number of days for convalescence and health rehabilitation leave is decided by the employer and the executive committee of the grassroots trade union; if the employer has no grassroots trade union, it is decided by the employer as follows:

+ A maximum of 10 days for employees whose health has not recovered after long-term treatment for a prolonged illness;

+ A maximum of 07 days for employees whose health has not recovered after surgery;

+ 05 days in other cases.

- The convalescence and health rehabilitation benefit after sickness is 30% of the statutory pay rate per day.

=> Thus, according to the above regulations, the essence of the convalescence and health rehabilitation leave after sickness and maternity is for the employee to have additional time to recover their health. Therefore, in our view, employees who have exhausted their maternity leave and then directly start their social distancing leave are not entitled to postnatal convalescence benefits.

Sincerely.