Is convalescence leave after maternity period paid in Vietnam? What is benefit level of convalescence leave after maternity period in Vietnam?
Are female employees on convalescence leave after maternity period paid in Vietnam? I want to ask if my convalescence time after cesarean section is 7 days, including Saturday and Sunday. So according to the law, can the company deduct my salary?
Is convalescence leave after maternity period paid in Vietnam?
Are female employees on convalescence leave after maternity period paid in Vietnam? I want to ask if my recovery time after cesarean section is 7 days, including Saturday and Sunday. So according to the law, can the company deduct my salary?
Reply:
According to Article 41 of the Social Insurance Law 2014, regulations on convalescence and health rehabilitation after the maternity leave period are 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.
Thus, according to the above regulations in Vietnam, when taking convalescence leave after maternity period, the employee will receive 30% of the base salary for one day off. Therefore, if an employee takes leave to receive convalescence benefits, he or she will receive the above rate and will not receive salary for those days off.
Is convalescence leave after maternity period paid in Vietnam? What is benefit level of convalescence leave after maternity period in Vietnam? (Image from the Internet)
How much is allowance for convalescence leave after maternity period in Vietnam?
I want to ask about the postpartum convalescence fee. After giving birth, the company gave me 5 days of convalescence leave after maternity period leave. So how much money will I receive these 5 days?
Reply:
According to Article 41 of the Social Insurance Law 2014, regulations on convalescence and health rehabilitation after the maternity leave period are as follows:
...
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, according to this regulation in Vietnam, it is possible to calculate the level of convalescence and health convalescence benefits after 05 days of maternity as 150% of the base salary.
Currently the base salary is 1,490,000 VND (Decree 38/2019/ND-CP). Therefore, the amount of benefits she receives is 2,235,000 VND.
Is it legal for company to give me 6 days of leave after giving birth that requires surgery?
I gave birth and had to have surgery, so I asked the company to let me take time off and enjoy the benefits. Is it legal for the company to give me 6 days off?
Reply:
According to Article 41 of the Social Insurance Law 2014, it is stipulated:
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.
...
According to regulations in Vietnam, in case of childbirth requiring surgery, female employees are entitled to a maximum of 07 days of medical leave. The specific number of days off will be decided by the employer and the Grassroots Trade Union Executive Committee. In case the employing unit has not yet established a Grassroots Union, it will be decided by the employer.
Thus, the company gave her 6 days off to recuperate, which was in accordance with regulations in Vietnam.
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