How is maternity leave for teachers who take leave that coincides with summer vacation regulated?

Reply:

Maternity leave for teachers whose leave coincides with summer vacation is regulated as follows:

1. According to Clause 1, Article 34, Law on Social Insurance 2014, the time to enjoy maternity benefits for female employees is as follows:

- Female employees who give birth are entitled to 6 months of maternity leave before and after giving birth. In case a female employee gives birth to twins or more, from the second child onwards, the mother is entitled to 1 additional month of leave for each child.

- The maximum maternity leave period before birth is not more than 2 months.

According to the provisions of Clause 7, Article 65, Decree 145/2020, the time considered as working time of employees to calculate the number of annual leave days includes: "Time off to enjoymaternity leaveaccording to the provisions of the law on social insurance".

Female teachers whose maternity leave coincides with summer vacation will be arranged by the educational institution for annual leave according to regulations. Illustration photo: My Ha

2. For general education teachers, the regulations on annual leave time are as follows:

- Clause 3, Article 5, Circular No. 28/2009/TT-BGDDT dated October 21, 2009 on working regime for general education teachers, amended and supplemented by Clause 4, Article 1, Circular No. 15/2017/TT-BGDDT dated June 9, 2017, stipulates the annual leave time of teachers as follows:

- Teachers' annual leave includes: summer vacation, Lunar New Year holiday, semester break and other holidays. Of which, teachers' annual summer vacation is 2 months (including annual leave according to the provisions of the Labor Code), with full salary and allowances (if any). Based on the school year plan, scale, characteristics and specific conditions of each school, the Principal shall arrange annual leave for teachers in a reasonable manner in accordance with regulations.

3. Official dispatch No. 1125/NGCBQLGD-CSNGCB dated August 18, 2017 guiding the settlement of maternity benefits for teachers coinciding with summer vacation:

Summer vacation for teachers is 02 months for general teachers (Clause 4, Article 1, Circular 15/2017/TT-BGDDT). During this time, teachers are entitled to full salary and allowances (if any).

Based on the school year plan, scale, characteristics, and specific conditions of each school, the Principal shall arrange annual leave for teachers in a reasonable manner in accordance with regulations (Clause 2, Article 3, Circular 48/2011/TT-BGDDT, Clause 3, Article 5, Circular 28/2009/TT-BGDDT).

Therefore, in case a female teacher's maternity leave coincides with the summer vacation, the educational institution will arrange annual leave according to the provisions of Articles 111 and 112 of the Labor Code or pay annual leave (if due to work requirements, the educational institution cannot arrange annual leave for the teacher) according to the provisions of Article 114 of the Labor Code.Labor Law.