Can female employees as surrogate mothers take leave for convalescence and recovery in Vietnam?

Can female employees as surrogate mothers take leave for convalescence and recovery in Vietnam?

Pursuant to Article 13 of Circular 59/2015/TT-BLDTBXH as amended by Clause 9, Article 1 of Circular 06/2021/TT-BLDTBXH has the following provisions:

1. The female employees and female employee as surrogate mother shall be entitled to take leave for convalescence and recovery 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.

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

Ex 18: Ms Th is participating in the compulsory social insurance. On 15/12/2016, she returns to her work after a period of time of leave to enjoy her maternity benefits. On 10/01/2017, due to her unrecovered health, she is permitted by her company to take leave for convalescence and recovery in 05 days.

For the case of Ms Th, she is entitled to take leave for convalescence and recovery in 05 days and this period of time is calculated for the year 2016.

3. For female workers who receive both rest and recovery benefits after maternity benefit period under Article 33 of Law on Social Insurance and rest and recovery benefits after maternity benefit period under Clause 1 or Clause 3 Article 34 of Law on Social Insurance, rest and recovery 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 recovery benefits.

Thus, according to the above regulations, female employees who are surrogate mothers are also entitled to take leave for convalescence and recovery in Vietnam as prescribed.

How many days will female employees who have a surgical birth be entitled to take leave for convalescence and recovery in Vietnam? 

Pursuant to Article 41 of the Law on Social Insurance 2014 stipulates convalescence and health rehabilitation after the maternity leave period as follows:

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.

2. The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up. The maximum leave period for convalescence and health rehabilitation is:

a/ 10 days, for female employees who give birth to twins or more infants;

b/ 7 days, for female employees who have a surgical birth;

c/ 5 days, in other cases.

3. The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the statutory pay rate.

According to this Article, female employees who have a surgical birth will be entitled to a maximum leave of 07 days to enjoy the convalescence and recovery in Vietnam.

Best Regards!