Ms. Thao Vy is a primary school teacher, taking maternity leave from July 12, 2025. After the 6-month maternity leave period expired, the school resolved for her 3 days of summer compensation leave with the reason that coinciding with 2 summer months is 12 days of annual leave, in her case coinciding with the second half of July, so only 3 days of leave were resolved. Ms. Vy asked, is this correct?
Regarding this issue, the Ministry of Education and Training answers as follows:
According to the provisions of Clause 2, Article 6 of Circular No. 05/2025/TT-BGDĐT, in case the summer vacation time and maternity leave time of female teachers have overlapping periods, in addition to holidays, Tet and other holidays as prescribed, the teacher's leave time includes: Maternity leave time as prescribed; Summer vacation time outside the maternity leave time (before or after the maternity leave time).
In case the summer vacation time outside of maternity leave is less than the number of annual leave days according to the provisions of the Labor Code, teachers are entitled to an additional number of days off, the total number of additional days off and the number of summer vacation days outside of maternity leave is equal to the number of annual leave days according to the provisions of the Labor Code.
According to the provisions of Article 113, Article 114 of the Labor Code No. 45/2019/QH14, employees who work for 12 months are entitled to annual leave of 12 working days for people doing work in normal conditions, for every 5 working years, the number of annual leave days is increased correspondingly by 1 day.
Based on the above regulations and the content of Ms. Thao Vy's question, it is understood that the school starts summer vacation from July 1, 2025, she starts maternity leave from July 12, 2025, so her summer vacation time before maternity leave is 11 days (less than the number of days off according to the provisions of the Labor Code), so in addition to 6 months of maternity leave, she is entitled to some additional days off. This additional number of days off is determined by deducting the total number of annual days off according to the Labor Code from 11 days off before she took maternity leave.
