Does the official maternity leave count towards the probationary period?

Does the official maternity leave count towards the probation period?

Article 20 of Decree 138/2020/ND-CP stipulates the probation policies for officials as follows:

1. Individuals recruited into an official position must undergo a probation period to get acquainted with the work environment and practice the tasks of the recruited position.

2. The probation period is specified as follows:

a) 12 months for recruitment into category C officials;

b) 06 months for recruitment into category D officials;

c) Maternity leave according to social insurance benefits, sick leave from 14 days or more, unpaid leave, detention, temporary custody, or suspension from work as prescribed by law are not counted towards the probation period.

In the case of probationary officials on sick leave or with justifiable reasons for less than 14 days, if approved by the head of the agency or unit where the individual is undergoing the probation policies, this period will be counted towards the probation period.

3. Probation content:

a) Master the legal provisions on officials; understand the organizational structure, function, tasks, and authority of the working agency; the rules and regulations of the agency, and the responsibilities and duties of the recruited position;

b) Enhance knowledge and professional, and operational skills as required by the recruited position;

c) Practice solving and performing the tasks of the recruited position.

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Based on the current regulations, maternity leave according to social insurance benefits is not counted towards the probation period for officials.

Who has the authority to assign a probationary official guide?

Article 21 of Decree 138/2020/ND-CP stipulates the responsibilities of the probationary guide as follows:

The employing agency has the responsibility:

1. To guide the probationary official to master and practice the tasks according to the probation content stipulated in Clause 3, Article 20 of this Decree.

2. No later than 05 working days from the date the official starts work, the head of the employing agency must assign an official of the same or higher grade, with expertise and experience, to guide the probationary official.

When working at the Commune People's Committee, the Chairman of the Commune People's Committee has the authority to assign a probationary guide.

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