Can I take leave period for convalescence after a miscarriage in Vietnam? Does convalescence include weekends in Vietnam?

Can I take leave period for convalescence after a miscarriage in Vietnam?

Recently, I had a miscarriage due to falling down the stairs. So let me ask, if I have a miscarriage, can I take leave period for convalescence?

Reply:

According to Article 33 of the 2014 Law on Social Insurance, female employees who have a miscarriage, if eligible, will be entitled to maternity benefits.

And in Article 41 of the 2014 Social Insurance Law, regulations on convalescence and health rehabilitation after the maternity leave period are as follows:

1. Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.

The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.

2. The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up. The maximum leave period for convalescence and health rehabilitation is:

a/ 10 days, for female employees who give birth to twins or more infants;

b/ 7 days, for female employees who have a surgical birth;

c/ 5 days, in other cases.

3. The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the statutory pay rate.

Thus, after completing maternity leave, you can take a maximum of 5 days of rest. The daily benefit rate is equal to 30% of the base salary in Vietnam.

Does convalescence include weekends in Vietnam?

If I take convalescenceleave after a miscarriage but take the day off on my company's weekend day, which is Saturday or Sunday, will that count? Will insurance pay for those 2 days?

Reply:

According to Article 33 of the 2014 Law on Social Insurance, female employees who have a miscarriage are entitled to maternity leave as prescribed by a competent medical examination and treatment facility.

Clause 1, Article 41 of the 2014 Social Insurance Law, regulations on convalescence and health rehabilitation after the maternity leave period are as follows:

1. Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.

The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.

So the time you take leave period for convalescence after a miscarriage includes weekends in Vietnam. During the 2 days of Saturday and Sunday (weekends according to company regulations), you will still be paid social insurance.

Do I get maternity leave after intrauterine insemination in Vietnam?

I have paid social insurance for less than 15 years, now I have intrauterine insemination and am pregnant, the doctor has prescribed maternity leave until birth. So can I take maternity leave or not? When I give birth, will I be entitled to Maternity Benefit and what documents are required? Looking forward to your advice.

Reply:

According to science, intrauterine insemination (IUI) - also known as insemination by intrauterine sperm injection - is carried out by selecting the husband's strongest sperm, then injecting it into the uterus. of the wife at the time of ovulation. This method is intended to help increase the ability to conceive for couples suffering from infertility due to weak and low sperm; weak cervix; mild endometriosis... or infertility of unknown cause.

First, is there any maternity leave?

Current law does not limit female employees' right to maternity leave. Therefore, depending on your health situation, you can take maternity leave as prescribed by your doctor.

Second, regarding conditions for maternity benefits:

Pursuant to the provisions of Clause 1, Article 34 of the 2014 Law on Social Insurance, leave period for childbirth:

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

According to this regulation in Vietnam, female employees who are pregnant (regardless of method) and female employees who give birth are eligible for maternity benefits.

Regarding the conditions for maternity benefits for female employees who give birth and must take maternity leave during pregnancy as prescribed in Clause 3, Article 31 of the 2014 Law on Social Insurance:

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.

Thus, female employees who become pregnant through intrauterine insemination, if they meet the above conditions for social insurance payment period, are still entitled to maternity benefits like other pregnant female employees in Vietnam.

Third, dossiers for maternity benefits for female employees giving birth include:

- Copy of birth certificate or copy of child's birth certificate;

- A copy of the child's death certificate in case the child dies, a copy of the mother's death certificate in case the mother dies after giving birth;

- A certificate from a competent medical examination and treatment facility stating that the mother is no longer healthy enough to take care of the child after giving birth;

- Extract a copy of the mother's medical record or hospital discharge certificate in case the child dies after birth without a birth certificate being issued;

- A certificate from a competent medical examination and treatment facility stating that the female employee must take leave from work to take care of her pregnancy as directed by the medical examination and treatment facility.

Best regards!