In which cases do teachers on maternity leave still receive their salary?

 2020 PROPOSED SALARY TABLE FOR TEACHERS OF ALL LEVELS

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According to the regulations in Article 157 of the Labor Code, female employees are entitled to six months of maternity leave before and after childbirth. In the case of giving birth to twins or more, starting from the second child, the mother is entitled to an additional one month for each child. The maximum pre-natal leave period is two months. During the maternity leave, female employees are entitled to enjoy maternity benefits as stipulated by the law on social insurance (BHXH).

Before the end of the statutory maternity leave, if needed, and with the certification from an authorized medical facility that early return to work does not affect the employee's health and employer consent, female employees can return to work after having taken at least four months of maternity leave.

In this situation, besides the wages for working days paid by the employer, female employees will continue to receive maternity benefits as per the regulations of social insurance law.

The 2014 Social Insurance Law also continues to regulate this issue as follows:

“Article 34. Maternity benefits during childbirth

1. Female employees giving birth are entitled to maternity leave before and after childbirth for 06 months. In the case of giving birth to twins or more, starting from the second child, the mother is entitled to an additional 01 month for each child.

The maximum pre-natal maternity leave period is two months.

…”

“Article 40. Female employees returning to work before the end of maternity leave

1. Female employees can return to work before the end of the maternity leave period as stipulated in Clause 1 or Clause 3, Article 34 of this Law if the following conditions are met:

a) After having taken at least four months of maternity leave;

b) Must notify and get the employer's approval.

2. In addition to the wages for working days, female employees returning to work before the end of the maternity leave period are still entitled to maternity benefits until the end of the period stipulated in Clause 1 or Clause 3, Article 34 of this Law.”

According to the above regulations, if a female teacher wishes to return to work early (after having taken at least four months of maternity leave and obtaining the school’s approval for early return), she will continue to receive maternity benefits paid by social insurance until the end of the stipulated period. Additionally, the school will pay her wages and allowances such as seniority allowance, preferential allowance, position allowance, responsibility allowance, etc. (if any) for the period of early return to work.

Another issue that arises is what happens if a female teacher’s maternity leave coincides with the summer vacation.

Regarding this issue, as stipulated in Clause 3, Article 5 of Circular 28/2009/TT-BGDDT, Clause 2, Article 3 of Circular 48/2011/TT-BGDDT, and Clause 4, Article 1 of Circular 15/2017/TT-BGDDT, the summer vacation for teachers includes both annual leave periods, which are 8 weeks for preschool teachers and 2 months for general education teachers. During this period, teachers are not required to work but still receive full salary and allowances.

Thus, if a female teacher’s maternity leave overlaps with the summer vacation period, along with maternity benefits from social insurance, the teacher will also receive salary and allowances (if any) for the 2-month summer vacation from the school.

At the same time, according to the guidance in Official Dispatch 1125/NGCBQLGD-CSNGCB, if a teacher’s maternity leave period coincides with the summer vacation, the school will arrange for the teacher’s annual leave as per the regulations in Articles 111 and 112 of the Labor Code 2012 or pay for annual leave (if due to work requirements, the school cannot arrange the annual leave for the teacher) as stipulated in Article 114 of the Labor Code 2012.

Thus, there are 02 cases in which female teachers simultaneously receive maternity benefits paid by social insurance and salary paid by the school:

Case 1: When the teacher wishes to return to work early before the end of the statutory maternity leave (after having taken at least four months of maternity leave and obtaining the school’s approval for early return).

Case 2: When the teacher’s maternity leave overlaps with the summer vacation period.

Nguyen Trinh

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