Can employees take a leave if they have a miscarriage under 4 weeks in Vietnam? Are female employees who have been resigned entitled to maternity benefits in Vietnam?

Can employees take a leave if they have a miscarriage under 4 weeks in Vietnam?

If a female employee is pregnant but has a miscarriage when the fetus is less than 4 weeks old, will she be entitled to insurance leave? If yes, how many days off?

Reply:

Pursuant to Clause 1, Article 33 of the 2014 Law on Social Insurance stipulates:

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.

According to this regulation in Vietnam, a pregnant female employee who unfortunately has a miscarriage will be entitled to leave from work and enjoy maternity benefits. Specifically, in cases where female employees have a miscarriage in less than 1 month of pregnancy, they will be entitled to a maximum of 10 days off work.

Can employees take a leave if they have a miscarriage under 4 weeks in Vietnam? Are female employees who have been resigned entitled to maternity benefits in Vietnam? (Image from the Internet)

Are female employees who have been resigned entitled to maternity benefits in Vietnam?

I have paid social insurance for 6 years. I have been resigned for 3 months because both parties terminated the labor contract. Now I'm about to give birth. So am I entitled to maternity benefits or not?

Reply:

According to Article 31 of the 2014 Law on Social Insurance, it is stipulated:

A female employee who gives birth but terminates the labor contract and pays social insurance premiums for at least full 6 months within 12 months before childbirth.

Thus, if you meet the conditions for paying social insurance for at least full 6 months within 12 months before childbirth in Vietnam, you are eligible for maternity benefits regardless of whether you are working for a unit, agency, or organization or not.

If I have resigned for 7 months before giving birth, will I be eligible for maternity benefits in Vietnam?

I asked that I joined social insurance for 4 years and 3 months. I have resigned for 7 months and gave birth to twins, am I eligible for direct maternity benefits?

Reply:

According to Article 31 of the 2014 Law on Social Insurance:

1. Employees shall be covered by the maternity benefits in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.

Thus, according to the above regulations in Vietnam, to enjoy maternity benefits, you must have paid social insurance premiums for at least full 6 months within 12 months before childbirth, except in cases where the fetus is weak and must resign as directed.

According to the presentation, you resigned 7 months ago and gave birth to twins, which means you did not pay social insurance 7 months before giving birth, so comparing the above regulations in Vietnam, you are not eligible to enjoy maternity benefits even though you previously participated in social insurance for 4 years and 3 months. 

Best regards!