From September 1, 2021, Circular 06/2021/TT-BLDTBXH amending a number of articles of Circular 59/2015/TT-BLDTBXH of the Minister of Labor, War Invalids and Social Affairs on detailed regulations and guiding the implementation of a number of articles of the Law on Social Insurance regarding compulsory social insurance which has officially taken effect (“Circular 06”).

Circular 06 has added regulations to clarify conditions for convalescence and health recovery after maternity for female employees that have not been clarified before in Article 41 of the Law on Social Insurance 2014 and Article 13 of Circular 59. As follows:

1. Female employees who have not yet recovered their health after enjoying the maternity regime, within the first 30 working days after their health has not recovered, are entitled to convalescence and health recovery from 05 days to 10 days. The period of the first 30 working days is explained by Circular 06: It is a period of 30 working days from the date of expiry of the maternity leave period but the employee’s health has not yet recovered.

2. In addition, Circular 06 adds: Female employees who go to work before the maternity leave expires are “not entitled” to the convalescence and health recovery regime after the period of maternity leave.

Note: Female employees go to work before the maternity leave period expires as prescribed in Article 40 of the Law on Social Insurance 2014, specifically, female employees go to work before the maternity leave period expires and must meet all 02 of the following conditions:
– After taking leave for at least 04 months;
– Must be notified in advance and agreed to by the employer.

Circular 06 takes effect from September 1, 2021.

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