According to current regulations, maternity leave, also known as leave for childbirth, adoption of a child under 06 months old, or leave when the wife gives birth, is a social insurance benefit for employees participating in social insurance.
1. Annual leave entitlement
Annual leave is one of the employee rest entitlements stipulated by the state to ensure the best rights and benefits for employees. When an employee meets the requirements regarding working hours for a regular employer, the employer is responsible for paying the annual leave entitlement.
Based on Clause 1, Article 113 of the 2019 Labor Code regarding annual leave, employees who have worked for 12 months for an employer are entitled to annual leave with full pay as stipulated in their respective employment contracts, as follows:
a) 12 working days for those working under normal conditions;
b) 14 working days for underage workers, workers with disabilities, and those engaged in strenuous, hazardous, or dangerous occupations or jobs;
c) 16 working days for those engaged in particularly strenuous, hazardous, or dangerous occupations or jobs.
2. Employees who have worked for less than 12 months for an employer are entitled to annual leave days in proportion to the number of months worked.
In this context, the time considered as working time for the purpose of calculating the number of annual leave days is stipulated in Article 65. Decree 145/2020/ND-CP Regulations regarding the time considered as working time for calculating the number of annual leave days for employees stipulate that working time serves as the basis for accurately determining the number of annual leave days for employees, including time off for maternity leave as prescribed by social insurance laws.
2. Conclusion
SoIn cases of maternity leave as stipulated by the Social Insurance Law, this time is still counted as working time for the employer and serves as the basis for calculating annual leave for employees as prescribed by the Labor Code.