Ms. Dao Thi My Linh is a teacher, taking maternity leave from April 3 to October 2, 2025. During her leave, there was a new official dispatch regarding maternity leave.
Ms. Linh asked, is the old regulation on cases where female teachers have maternity leave that coincides with summer vacation will be arranged annual leave by educational institutions according to the provisions of Article 111 and Article 112 of the Labor Code still valid? Is your maternity leave coinciding with summer vacation, so you have 12 days of compensatory leave, right?
Regarding this issue, the Ministry of Education and Training answers as follows:
The working regime for general education and university preparatory teachers is implemented according to the provisions of Circular No. 05/2025/TT-BGDĐT dated March 7, 2025 of the Minister of Education and Training.
From April 22, 2025, in case the summer vacation time coincides with the maternity leave time of female teachers, the teacher's leave time includes: (1) prescribed maternity leave time; (2) summer vacation time outside the maternity leave time (before or after the maternity leave time).
Rights of teachers during summer vacation
In case the remaining summer vacation time is less than the annual holiday days according to the provisions of the Labor Code, teachers are allowed to take extra leave to meet the annual holiday days; this extra leave time is arranged flexibly based on the agreement between teachers and principals.
Based on the maternity leave time of Ms. Dao Thi My Linh, the summer vacation time completely coincides with the maternity leave time, so the summer vacation time outside the maternity leave time is 0 days. Therefore, she is arranged for compensatory leave with the corresponding number of annual leave days according to the provisions of the Labor Code.
In which, according to Articles 113 and 114 of the 2019 Labor Code, employees who have worked for 12 months in normal working conditions are entitled to 12 working days annual leave; for every 5 years of work for an employer, the number of annual leave days is increased by 1 day.
