How long is the maternity leave period upon miscarriage? How to calculate maternity benefits when miscarriage in 2022?
How long is the maternity leave period upon miscarriage?
Pursuant to the provisions of Article 33 of the Law on Social Insurance 2014 of Vietnam, the time to enjoy the maternity regime in case of miscarriage is as follows:
Leave period upon miscarriage, abortion, stillbirth or pathological abortion
1. When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:
a/ 10 days, for pregnancy of under 5 weeks;
b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks;
c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks;
d/ 50 days, for pregnancy of 25 weeks or more.
2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.
According to that, when getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:
- 10 days, for pregnancy of under 5 weeks;
- 20 days, for pregnancy of between 5 weeks and under 13 weeks;
- 40 days, for pregnancy of between 13 weeks and under 25 weeks;
- 50 days, for pregnancy of 25 weeks or more.
Note: The maternity leave period is inclusive of public holidays, New Year holidays and weekends.
How long is the maternity leave period upon miscarriage? How to calculate maternity benefits when miscarriage in 2022?
What are the regulations on the allowance levels of maternity benefits in case of miscarriage?
Regarding the regulations on the allowance levels of maternity benefits in case of miscarriage, Article 39 of the Law on Social Insurance 2014 of Vietnam stipulates as follows:
Allowance levels of the maternity regime
1. For employees entitled to the maternity regime as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:
a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity regime specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;
b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;
c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.
2. The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.
3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of this Law.
According to the above regulations, the monthly allowance level is equal to 100% of the average monthly salary on which social insurance premiums are based in the 06 months before leaving work due to miscarriage.
In case female employees have paid social insurance premiums for less than 6 months, the benefit rate is the average monthly salary of the months for which social insurance premiums have been paid.
The one-day benefit is calculated as the monthly allowance divided by 30 days.
The formula for calculating the maternity benefit in case of miscarriage is as follows:
Benefit rate = (monthly allowance: 30 days) x number of days off work
How to implement the procedures for enjoying maternity benefits upon a miscarriage?
According to the provisions of Articles 101 and 102 of the Law on Social Insurance 2014 of Vietnam, female employees must have a certificate of leave to enjoy social insurance in case of outpatient treatment, An original or a copy of the hospital discharge paper in case of inpatient treatment.
Within 45 days from the date of return to work, the female employee shall submit the above dossier to the employer.
Within 10 days from the date of receiving the employee's dossier, the employer is responsible for submitting it to the social insurance agency. The social insurance agency will handle it within 10 days from the date of receipt of a complete application.
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