Is maternity leave entitled to annual leave?
According to current regulations, maternity leave, also known as leave to enjoy the regime when giving birth, adopting a child under 06 months old or taking leave when the wife gives birth to a child is a social insurance regime for the family. employees participating in social insurance.
1. Annual leave
Annual leave is one of the employee's rest regimes regulated by the state to ensure the best rights and benefits for employees. When meeting the working time conditions for a regular employer, the employer is responsible for paying the annual leave.
Pursuant to Clause 1, Article 113 of the Labor Code 2019 stipulating annual leave, whereby an employee who has worked for a full 12 months for an employer is entitled to annual leave with full salary according to the provisions of Article XNUMX of the Labor Code. The respective employment contract is as follows:
a) 12 working days for people who do the job in normal conditions;b) 14 working days for minor employees, disabled workers, people doing heavy, hazardous and dangerous jobs;c) 16 working days for people doing particularly heavy, hazardous or dangerous occupations or jobs.2. Employees who work for less than 12 months for an employer, the number of annual leave days is proportional to the number of working months.
In which, the time is considered the working time of the employee to calculate the number of annual leave days specified in Article 65. Decree 145 / 2020 / ND-CP Regulations on the time considered as working time to calculate the number of annual leave days of employees, accordingly, working time for employees is the basis for accurately determining the number of annual leave days for employees including time off to enjoy maternity benefits according to the provisions of the law on social insurance;
2. Conclusion
SoIn cases of maternity leave according to the provisions of the Law on Social Insurance, it is still considered working time for the employer and is the basis for calculating annual leave for employees according to the provisions of the Labor Code.
