Are maternity leave, sick leave, summer vacation calculated as additional income in Ho Chi Minh City?

Legal Consulting Department of Lao Dong Newspaper answers:

According to Clause 2, Article 7, Regulations issued with Decision 78/2026/QD-UBND (effective October 9, 2026), maternity leave days; leave due to illness or treatment for injuries due to work accidents are not counted as actual working days for additional income expenses.

Similarly, summer vacation days of civil servants and public employees of the Education and Training sector are not counted if the person taking leave is not officially assigned in writing by competent authorities to perform professional tasks at educational and training institutions.

However, teachers and lecturers have their own regulations. According to point a, clause 3, Article 7, during the school year, teachers and lecturers teaching enough duty periods, fully performing professional activities according to assignment and without days off belonging to the cases listed in points a, c, d, đ, clause 2, Article 7, the actual working days are fully calculated.

For summer vacations, teachers and lecturers implement according to Clauses 1 and 2, Article 7. Therefore, if officially assigned in writing to perform professional tasks during the summer, the working days are considered as actual working days; if summer vacations are not assigned as prescribed, they are not counted.

According to Clause 1, Article 7, the actual working day is the day the employee participates in performing tasks according to regulations and according to the written assignment of the competent authority. The actual working days are the basis for considering and resolving additional income expenses.

In addition to the actual working days, the spending level also depends on the results of quarterly assessment and ranking. According to Article 5 and Article 6 of the Regulation, people who meet the grade 1 level are entitled to 100% of the prescribed spending level; level 2 is entitled to 90%; level 3 is entitled to 80%; level 4 is not entitled to.

However, according to Article 13 of this regulation, at the time of implementing the conversion of classification levels and additional income expenses, if agencies and units have not issued regulations on evaluation and classification or are not qualified to apply regulations of competent authorities to monitor, evaluate, and classify cadres, civil servants, public employees, and laborers, they continue to apply the criteria, methods, and authority specified in Decision No. 19/2025/QD-UBND to determine the score achieved as a basis for converting classification levels and additional income expenses according to this Regulation.

Employees need to compare their holidays, assigned tasks and classification results to determine the level of additional income paid.

Thus, from October 9, 2026, the additional income of people working in agencies and units in Ho Chi Minh City during maternity leave, sick leave, and summer vacation will be implemented according to the above regulations.

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