I. Legal basis

• Law on Social Insurance 2024

II. What is the postpartum recuperation and health rehabilitation regime?

Pursuant to Clause 1, Article 60 of the 2024 Law on Social Insurance (Law No. 41/2024/QH15), where a female employee has not yet recovered her health within 30 days from the expiry of the maternity leave period prescribed by law, she shall be entitled to take leave for recuperation and health rehabilitation.

The postpartum recuperation and health rehabilitation regime is a benefit paid by the social insurance authority to female employees who, after fully exhausting their statutory maternity leave entitlement, have not yet recovered their health and therefore require a period of recuperation and health rehabilitation. This is one of the key social insurance benefits designed to provide employees with additional time to rest and recover their health before returning to work. This benefit is implemented in accordance with the provisions of the prevailing social insurance legislation.

III. Eligibility conditions, duration of entitlement, and benefit levels

3.1. Eligibility conditions for receiving the postpartum recuperation and health rehabilitation allowance

The eligibility conditions for receiving the postpartum recuperation and health rehabilitation allowance are set out in Clause 1, Article 46 of the 2024 Law on Social Insurance (Law No. 41/2024/QH15) as follows:

• An employee who has taken leave and received sickness benefits for a total period of at least 30 days in a calendar year and whose health has not recovered within 30 days from the expiry of the sickness benefit leave period shall be entitled to recuperation and health rehabilitation leave for up to 10 days in a year (from January 1 to December 31).
• The period of recuperation and health rehabilitation leave shall be taken consecutively and shall include public holidays, Lunar New Year holidays, and weekly days off. Where an employee satisfies the eligibility conditions for recuperation and health rehabilitation leave in a given year, the leave entitlement shall be counted toward that year.
• Where a period of recuperation and health rehabilitation leave commences at the end of one year and continues into the beginning of the following year, such leave period shall be counted toward the preceding year.

3.2. Duration of postpartum recuperation and health rehabilitation leave

With respect to the period of convalescence and health rehabilitation leave, Clause 1, Article 46 of the 2024 Law on Social Insurance (Law No. 41/2024/QH15) provides as follows:

• The duration of convalescence and health rehabilitation leave shall be determined by the employer and the Executive Committee of the grassroots trade union. Where the parties fail to reach agreement, the employer shall determine the number of leave days based on the proposal of the Executive Committee of the grassroots trade union. In the absence of a grassroots trade union within the employing entity, the employer shall have the authority to determine the duration of such leave.
• The maximum duration of convalescence and health rehabilitation leave shall be as follows: 
  • 10 days for employees whose health has not yet recovered following a period of sick leave due to a disease requiring long-term treatment;
  • 07 days for employees whose health has not yet recovered following a period of sick leave due to surgery;
  • 05 days in other cases.

3.3. Benefit level for postpartum recuperation and health rehabilitation leave

Pursuant to Clause 1, Article 46 of the 2024 Law on Social Insurance (Law No. 41/2024/QH15), it is provided that:

“The benefit payable for each day of convalescence and health rehabilitation leave following a period of sickness shall be equal to 30% of the reference level.”

Pursuant to Clause 13, Article 141 of the 2024 Law on Social Insurance, until the statutory pay rate is abolished, the reference level shall be equivalent to the statutory pay rate. Upon the abolition of the statutory pay rate, the reference level shall not be lower than such statutory pay rate immediately preceding its abolition.

Currently, the reference level is equivalent to the statutory pay rate as prescribed under Decree No. 161/2026/ND-CP, which is VND 2,530,000 per month. Accordingly, the convalescence and health rehabilitation allowance is VND 759,000 per day. Therefore, depending on the specific circumstances, the maximum convalescence and health rehabilitation allowance payable to a female employee may be calculated as follows:

IV. Procedures for claiming the postpartum recuperation and health rehabilitation allowance

Pursuant to Article 63 of the 2024 Law on Social Insurance and Decision No. 1674/QĐ-BHXH dated 27 May 2025 issued by Vietnam Social Security, an employee who takes convalescence and health rehabilitation leave after childbirth must follow the procedure set out below in order to be entitled to the convalescence and health rehabilitation benefits.

• Once an employee commences postnatal convalescence and health rehabilitation leave, the employer must prepare a list of employees taking such leave and submit it to the social insurance authority within seven (7) working days.
• Within seven (7) working days from the date of receipt of the list, the social insurance authority shall review and process the application. Where the application is not approved, the authority must issue a written response specifying the reasons for such refusal.

V. About Us, Hankuk Law Firm

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