If primary school teachers in Vietnam have maternity leave coinciding with summer vacation, are they eligible for compensatory leave?
If primary school teachers in Vietnam have maternity leave coinciding with summer vacation, are they eligible for compensatory leave?
Pursuant to Section 3 of Official Dispatch 1125/NGCBQLGD-CSNGCB in 2017:
- The summer vacation period for teachers includes the annual leave duration, which is 8 weeks for preschool teachers (Clause 2, Article 3 of Circular 48/2011/TT-BGDDT) and 2 months for general education teachers (Clause 4, Article 1 of Circular 15/2017/TT-BGDDT). During this time, teachers receive full salary and allowances (if any). Based on the academic year's plan, scale, characteristics, and specific conditions of each school, the Principal arranges annual leave for teachers reasonably in conformity (Clause 2, Article 3 of Circular 48/2011/TT-BGDDT, Clause 3, Article 5 of Circular 28/2009/TT-BGDDT).
Therefore, in the case of female teachers having maternity leave coinciding with the summer vacation, the educational institution will arrange the annual leave according to the provisions of Articles 111 and 112 of the Labor Code, or compensate for annual leave (if due to work requirements, the educational institution cannot arrange annual leave for the teachers) as stipulated in Article 114 of the Labor Code. The level of support payment for teachers in the event the educational institution cannot arrange annual leave is specified in Clause 2, Article 5 of Circular 141/2011/TT-BTC dated October 20, 2011, of the Ministry of Finance.
The schools can resolve the maternity benefits for teachers through 2 options:
- Option 1: Based on the academic year's plan, specific characteristics, conditions, and scale of each school, teachers will be arranged for compensated leave.
The compensated leave period for teachers is calculated like the annual leave period of employees as stipulated in Article 113 of the Labor Code 2019:
Annual Leave
- An employee who has worked for a full 12 months for an employer is entitled to annual leave, fully paid according to the labor contract as follows:
a) 12 working days for those who work in normal conditions;
b) 14 working days for those doing heavy, hazardous, dangerous work or working in harsh living conditions as listed by the Ministry of Labour, Invalids and Social Affairs in cooperation with the Ministry of Health, or for employees under 18 or employees with disabilities;
c) 16 working days for those doing particularly heavy, hazardous, dangerous work or working in particularly harsh living conditions as listed by the Ministry of Labour, Invalids and Social Affairs in cooperation with the Ministry of Health.
The employer has the right to set the annual leave schedule after consulting with employees and must notify employees in advance.
Employees can agree with the employer to take annual leave in multiple times or accumulate up to 3 years at once.
When taking annual leave, if employees travel by road, rail, or water and the travel time both ways exceeds 2 days, the additional travel days from the 3rd day onwards are counted as non-working days and this is calculated for only one leave period per year.
Article 114 of the Labor Code 2019 stipulates as follows:
Additional Annual Leave Days by Seniority
For every 5 full years of work for an employer, the employee is entitled to 1 additional day of annual leave as stipulated in Clause 1, Article 113 of this Law.
- Option 2: If because of work requirements, the school cannot arrange annual leave for teachers, then teachers are entitled to compensation for annual leave.
The compensation rate for annual leave depends on the internal expenditure regulations of the unit, but must not exceed the overtime pay rate on Saturday and Sunday.
Thus, if a primary school teacher’s maternity leave coincides with the summer break, they can be arranged for alternative leave or compensated for annual leave.
If primary school teachers in Vietnam have maternity leave coinciding with summer vacation, are they eligible for compensatory leave? (Image from the Internet)
Which individuals in Vietnam are entitled to maternity benefits?
Pursuant to Article 30 of the Law on Social Insurance 2014, the subjects eligible for maternity benefits are specified as follows:
Subjects Covered by Maternity Benefits
The subjects eligible for maternity benefits are employees specified in points a, b, c, d, dd, and h of Clause 1, Article 2 of this Law.
Thus, maternity insurance applies to Vietnamese citizens participating in compulsory social insurance, including:
- Employees with indefinite-term labor contracts
- Employees with definite-term labor contracts
- Employees with seasonal labor contracts
- Employees working on a specific job with a term of 3 to under 12 months, including labor contracts signed between the employer and the legal representative of persons under 15 years old according to labor law provisions
- Employees working on fixed-term labor contracts from 1 to under 3 months
- Officials and public employees
- National defense workers, public security workers, and others working in cryptographic organizations
- Officers, professional soldiers in the people's army; officers, non-commissioned officers in professional technical duties in the people's police; those working in cryptographic organizations receiving salaries similar to military personnel
- Enterprise managers and cooperative executive managers receiving salaries
What is the method for calculating maternity insurance in 2024 in Vietnam?
Pursuant to Article 39 of the Law on Social Insurance 2014, the rate of maternity benefits is specified as follows:
Rate of Maternity Benefits
- Employees eligible for maternity benefits as specified in Articles 32, 33, 34, 35, 36, and 37 of this Law will calculate the maternity benefits as follows:
a) Monthly benefits equal 100% of the average monthly salary on which social insurance was based for the 6 months before taking maternity leave. If the employee has not contributed to social insurance for 6 months, the maternity benefit as stipulated in Articles 32, 33, Clauses 2, 4, 5, and 6 of Article 34, Article 37 of this Law is the average salary of the months paid to social insurance;
b) The benefit calculation for one-day leave under Article 32 and Clause 2, Article 34 of this Law is the monthly maternity benefit divided by 24 days;
c) The maternity benefit when giving birth or adopting a child is calculated as per the monthly subsidy specified at point a, Clause 1 of this Article. In the case of odd days or as stipulated in Article 33 and Article 37 of this Law, the one-day subsidy is calculated by dividing the monthly subsidy by 30 days.
The period of maternity leave from 14 working days or more per month is counted as the period of social insurance contribution, and the employee and the employer are not required to contribute to social insurance during this period.
The Minister of Labour, Invalids and Social Affairs details the conditions, timing, and levels of benefits for the subjects specified in Article 24 and Clause 1, Article 31 of this Law.
Thus, the calculation of maternity insurance for employees in 2024 is specified as follows:
[1] Monthly benefit calculation
Benefit = 100% x Average monthly salary on which social insurance was based for the 6 months before taking maternity leave
[2] One-day benefit calculation for male employees taking leave when their wives give birth and female employees taking leave for prenatal check-ups
Benefit = 100% x Average monthly salary on which social insurance was based for the 6 months before taking maternity leave ÷ 24 days
Note:
- The maternity benefit when giving birth or adopting a child is calculated as per the monthly subsidy based on 100% of the average monthly salary on which social insurance was based for the 6 months before taking maternity leave.
- If the employee has not contributed to social insurance for 6 months, the maternity benefit is the average salary of the months paid to social insurance;
- In case of odd days or benefits when miscarrying, abortion, stillbirth, or pathological abortion, or implementing contraceptive measures, the one-day benefit is calculated by dividing the monthly subsidy by 30 days.
