A readerwho has an email address as minhthux @ xx asked: she had finished the 6 months of maternity regime but her health was still weak, so she wanted to take more leave after giving birth. However, the company required her to go to work before she could leave. Washer company's requirements correct? Lawyer Pham Hang, YouMe Law Firm answers: Article 41 of the Law on Social Insurance 2014 provides for convalescence and health rehabilitation after maternity as follows:
1. Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.
The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.
2. The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up. The maximum leave period for convalescence and health rehabilitation is: a/ 10 days, for female employees who give birth to twins or more infants; b/ 7 days, for female employees who have a surgical birth; c/ 5 days, in other cases.
3. The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the basic salary.
Thus,, the fact that the company requires her to come to work after that to convalesce and recover her health after maternity is in accordance with the law.