Abortion Due to Fetal Defects: Eligibility for Maternity Benefits
According to Article 33 of the 2014 Social Insurance Law, regulations on the duration of maternity leave in cases of miscarriage, abortion, suction curettage, stillbirth, or pathological abortion are as follows:
- In cases of miscarriage, abortion, suction curettage, stillbirth, or pathological abortion, female employees are entitled to maternity leave as prescribed by the authorized medical examination and treatment facility. The maximum leave duration is stipulated as follows:
a) 10 days if the fetus is under 05 weeks old;
b) 20 days if the fetus is from 05 weeks old to under 13 weeks old;
c) 40 days if the fetus is from 13 weeks old to under 25 weeks old;
d) 50 days if the fetus is 25 weeks old or older.
- The maternity leave duration specified in Clause 1 of this Article includes public holidays, New Year holidays, and weekly days off.
As such, female employees who undergo an abortion due to fetal abnormality are entitled to maternity benefits under social insurance. Since this employee has a hospital certification and a prescribed course of action to terminate the pregnancy, they are entitled to this benefit.
For benefit levels, please refer to the following article: Benefit levels for female employees undergoing abortion
Best regards!
