If the base salary increases, how to calculate the money of convalescence and health rehabilitation after the maternity leave period in Vietnam?

If the base salary increases, how to calculate the money of convalescence and health rehabilitation after the maternity leave period in Vietnam?

Pursuant to Clause 3 Article 41 of the Law on Social Insurance in 2014 stipulating convalescence and health rehabilitation after the maternity leave period as follows:

Convalescence and health rehabilitation after the maternity leave period

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

As prescribed in the Clause 2, Article 3 of the Decree 24/2023/ND-CP, the base salary applicable from July 1, 2023 is 1,800,000 VND.

Thus, the money of convalescence and health rehabilitation after the maternity leave period in Vietnam is calculated as follows:

If female employees go to work before the deadline of maternity period, can they receive the money of convalescence and health rehabilitation in Vietnam?

Pursuant to Article 13 of the Circular 59/2015/TT-BLĐTBXH (amended by Clause 8 and 9, Article 1 of the Circular 06/2021/TT-BLĐTBXH) stipulating convalescence and recovery after maternity leave as follows:

Convalescence and recovery after maternity leave

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.

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 recovery benefits.

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.

As regulations above, if female employees go to work before the deadline of maternity period, they cannot receive the money of convalescence and health rehabilitation in Vietnam.

What is the number of days of a leave period for convalescence and health rehabilitation after the maternity leave period in Vietnam?

Pursuant to Clause 2 Article 41 of the Law on Social Insurance in 2014 stipulating convalescence and health rehabilitation after the maternity leave period 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.

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.

As regulations above, the number of days of a leave period for convalescence and health rehabilitation 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:

- 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.

Best regards!