Maternity Leave Concurrent with 2 Months of Summer Break: Are Teachers Entitled to Make-Up Leave?

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According to the provisions of 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 of teachers, including annual leave, is 8 weeks for preschool teachers and 2 months for general education teachers. During this time, teachers are not required to work but still receive their full salary and allowances. Based on the academic year plan, scale, characteristics, and specific conditions of each school, the principal arranges the annual leave for teachers reasonably in conformity.

Simultaneously, according to the guidance in Official Dispatch 1125/NGCBQLGD-CSNGCB, if the period of maternity leave coincides with the summer vacation, the teacher will be arranged by the educational institution for annual leave in accordance with Article 111 and Article 112 of the Labor Code 2012 or paid for annual leave (if due to work requirements, the educational institution cannot arrange annual leave for the teacher) as regulated in Article 114 of the Labor Code 2012.

Therefore, in cases where the maternity leave coincides with the summer vacation of the teacher, the following solutions will be implemented:

- Propose the principal arrange annual leave before taking maternity leave or extend the leave period after maternity leave.

- If the school cannot arrange annual leave different from the maternity leave, payment must be made for the annual leave days.

As stipulated in Article 111 and Article 112 of the Labor Code 2012, the annual leave days for teachers are 12 working days, and for every 5 years of service, the annual leave will be increased by 1 day.

The support payment level for teachers in case the educational institution cannot arrange annual leave for them is defined in Point b, Clause 2, Article 5 of Circular 141/2011/TT-BTC. Specifically:

- Annually, based on the available budget, the total number of unused annual leave days of officials; the head of the agency or unit decides the support payment for officials who have not taken their annual leave or not fully taken the annual leave.

- The support payment is defined in the internal spending regulations of the agency or unit but must not exceed the overtime pay on Saturdays and Sundays according to current regulations.

- Payment timing: To be executed once a year and settled into the annual budget according to the regulations of the State Budget Law.

- Nguyen Trinh -

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