Does this period of maternity leave reduce my annual leave entitlement? Will I have six annual leave days deducted, or will my full 12 days of annual leave remain as stipulated by regulations?

Reader Hong Thanh

Legal advice:

According to Clause 7, Article 65 of Decree 145/2020/ND-CP, the period of maternity leave benefits, as stipulated by social insurance law, is considered working time for calculating an employee's annual leave days.

Therefore, your six months of maternity leave in 2026 for childbirth will not result in a reduction of your annual leave days; your annual leave entitlement will remain unchanged.

In addition to the above, pursuant to Article 65 of Decree 145/2020/ND-CP, other periods considered working time for calculating an employee's annual leave days include the following:

- Apprenticeship or vocational training periods as stipulated in Article 61 of the 2019 Labor Code, provided the employee continues to work for the employer after the training period.

- Probationary periods, if the employee continues to work for the employer after the probationary period ends.

- Periods of paid personal leave as per Clause 1, Article 115 of the 2019 Labor Code.

- Unpaid leave periods, if agreed upon by the employer, totaling no more than one month in one year.

- Leave due to work accidents or occupational diseases, totaling no more than six months.

- Leave due to illness, totaling no more than two months in one year.

- Time spent performing duties for employee representative organizations at the workplace, which is legally recognized as working time.

- Periods of work suspension or leave not attributable to the employee's fault.

- Periods of temporary work suspension, if the employee is later found not to have violated regulations or is not subject to labor disciplinary action.

Lawyer Pham Thanh Huu

Bar Association of TP HCM