How many maximum days of convalescence leave are allowed for female employees after maternity leave period in Vietnam?

How many maximum days of convalescence leave are allowed for female employees after maternity leave period in Vietnam?

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

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.

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.

Thus, the convalescence period for female employees is as follows:

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

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

- 5 days, in other cases.

In addition to the time off, female employees also receive a per-diem allowance for convalescence and health rehabilitation of 540,000 VND/day (30% of the base salary, the current base salary is 1.8 million VND according to the Decree 24/2023/ND-CP)

How many maximum days of convalescence leave are allowed for female employees after maternity leave period in Vietnam? (Image from the Internet)

How long does it take for an employee to receive allowance for convalescence in Vietnam?

Pursuant to Article 103 of the 2014 Law on Social Insurance regulating the settlement of convalescence and health rehabilitation allowance after sickness or maternity leave:

Settlement of convalescence and health rehabilitation allowance after sickness or maternity leave

1. Within 10 days after the date an employee fully satisfies the conditions for enjoying the convalescence and health rehabilitation allowance after sickness or maternity leave, the employer shall make a list of employees and submit it to the social insurance agency.

2. Within 10 days after receiving a complete and valid dossier, the social insurance agency shall settle the social insurance benefits for and pay the convalescence and health rehabilitation allowance to employees; or issue a written reply clearly stating the reason for its refusal to settle the benefits.

Pursuant to Clause 4, Article 5, Procedures for processing of applications for social insurance benefits and payment of social insurance and unemployment insurance benefits issued together with Decision 166/QD-BHXH in 2019 stipulating responsibility to process applications and make payments:

Responsibility to process applications and make payments

...

4. Time-limit for application processing and payment

4.1. An application submitted by the employer shall be processed within 06 working days from the receipt of sufficient application as regulated.

4.2. If an application is submitted by the worker or his/her relative directly to the social security office, it shall be processed within 03 working days from the receipt of sufficient application as regulated.

...

Thus, within 10 days from the date the employee is eligible to receive post-maternity health rehabilitation benefits, the employer shall make a list and submit it to the social insurance agency in Vietnam.

Postpartum health rehabilitation benefits are paid to female employees within a maximum of 06 working days from the date the social insurance agency receives complete documents according to regulations in Vietnam.

In case the employee or employee's relatives submit the application directly to the social insurance agency: Maximum 03 working days from the date of receipt of complete application according to regulations in Vietnam.

What documents are included in application of leave for convalescence in Vietnam?

Pursuant to Point 2.4, Clause 2, Article 4 Procedures for processing of applications for social insurance benefits and payment of social insurance and unemployment insurance benefits issued together with Decision 166/QD-BHXH in 2019 regulating receiving applications and returning application processing results:

Receiving applications and returning application processing results

 Benefit Claim and Customer Service Units/ Divisions shall:

...

2. Receive paper documents submitted by employers as regulated in Points 2.1, 2.2, 2.4 of this Clause and those submitted by workers or their relatives as regulated in Point 2.3 of this Clause. To be specific:

...

2.4. With regard to application for convalescence benefits after sick leave, maternity leave and recovery after an occupational accident or occupational disease: The application shall include List 01B-HSB prepared by the employer according to Clause 3 Article 100, Clause 5 Article 101 of the Law on social insurance; Clause 1 Article 60 of the Law on occupational safety and health.

...

Thus, the application for convalescence after maternity leave period in Vietnam includes the following documents:

- Application for convalescence leave after maternity leave period.

- List of employees taking leave to enjoy maternity benefits prepared by the employer.

Best regards!