Maternity leave for female teachers and leave for male teachers when their wives give birth are regulated in Circular No. 05/2025/TT-BGDDT regulating the working regime for general education and pre-university teachers.
Circular No. 05/2025/TT-BGDDT regulating the working regime for general education and university preparatory teachers was issued by the Ministry of Education and Training on March 7, 2025 and took effect from April 22, 2025. This circular specifically stipulates the annual leave time of principals, vice principals, and teachers (including maternity leave of teachers).
Circular 05 specifically regulates the annual leave time of principals, vice principals, and teachers, including maternity leave time of teachers.
ILLUSTRATION: DAO NGOC THACH
Teachers' annual leave includes:
- Summer vacation time is prescribed in Point a, Clause 1, Article 3 of Decree No. 84/2020/ND-CP dated July 17, 2020 of the Government detailing a number of articles of the Law on Education. During the summer vacation, teachers participate in training and development according to the requirements of the job position, participate in high school graduation exams, and enroll when summoned by competent authorities (Point a);
- Time off for holidays, Tet and other holidays according to the provisions of the Labor Code and the Law on Social Insurance (point b);
- Based on the school year plan, scale, characteristics, and specific conditions of each school, the principal shall arrange teachers' annual leave appropriately, in accordance with regulations, ensuring the school year time frame (point c).
When summer vacation and maternity leave overlap, how are vacation days calculated?
Circular No. 05/2025/TT-BGDDT provides guidance: In case the summer vacation and maternity leave of female teachers overlap, in addition to the leave time prescribed in Point b, Clause 1 of this Article, the teacher's leave time includes:
- Maternity leave as prescribed;
- Summer vacation outside of maternity leave (before or after maternity leave);
- In case the summer vacation time specified in Point b of this Clause is less than the number of annual vacation days as prescribed by the Labor Code, the teacher is entitled to additional vacation days. The total number of additional vacation days and the number of vacation days specified in Point b of this Clause is equal to the number of annual vacation days as prescribed by the Labor Code. Additional vacation time is flexibly arranged according to the agreement between the teacher and the principal.
Are male teachers entitled to maternity leave when their wives give birth? The guidance in Circular No. 05/2025/TT-BGDDT states: "In the case of male teachers being entitled to maternity leave when their wives give birth according to the provisions of the Law on Social Insurance, during the maternity leave, the male teacher is considered to have taught enough teaching hours according to regulations and does not have to make up for it. In the case that the male teacher's maternity leave when his wife gives birth coincides with the summer vacation, he is not entitled to make up for it."
Circular No. 05/2025/TT-BGDDT has a number of new regulations and adjustments on working regimes for general education and university preparatory teachers.
PHOTO: DAO NGOC THACH
Principals and vice principals get summer vacation like teachers.
Starting from April 22, 2025, when Circular No. 05 takes effect, school principals and vice principals will have summer vacation like teachers (previously, only teachers had summer vacation, the rest of school management staff still worked according to the working schedule of state employees according to regulations).
Circular No. 05/2025/TT-BGDDT stipulates annual leave time for principals and vice principals:
- Annual leave of the principal and vice principal includes summer vacation; holidays, Tet and other holidays as prescribed by the Labor Code and the Law on Social Insurance;
- The summer vacation of the principal and vice principal is flexibly arranged during the school year and during the summer vacation of teachers to ensure that school activities take place normally and ensure the completion of work tasks convened by management agencies at all levels (if any). The summer vacation schedule of the principal and vice principal must be reported to the competent management agency or according to the hierarchy.
Thus, Circular No. 05/2025/TT-BGDDT has a number of new regulations and adjustments to the working regime for general education and pre-university teachers. Including additional regulations on annual leave for principals and vice principals. And additional regulations on maternity leave for teachers, including regulations on maternity leave coinciding with summer vacation.
Source: https://thanhnien.vn/thoi-gian-nghi-thai-san-cua-giao-vien-nhu-the-nao-185250311120609843.htm
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