How many days of leave does a female employee in Vietnam get for a miscarriage ?
How many days of leave does a female employee in Vietnam get for a miscarriage? - Ms. Yen (Khanh Hoa)
What are social insurance benefits in Vietnam?
Pursuant to Article 4 of the Law on Social Insurance in 2014 stipulating social insurance benefits in Vietnam as follows:
Social insurance benefits
1. Compulsory social insurance covers the following benefits:
a/ Sickness;
b/ Maternity;
c/ Occupational accident and occupational disease;
d/ Retirement;
dd/ Survivorship allowance.
2. Voluntary social insurance covers the following benefits:
a/ Retirement;
b/ Survivorship allowance.
3. The supplementary retirement scheme shall be stipulated by the Government.
As regulations above, social insurance benefits in Vietnam are:
1. Compulsory social insurance covers the following benefits
- Sickness;
- Maternity;
- Occupational accident and occupational disease;
- Retirement;
- Survivorship allowance.
2. Voluntary social insurance covers the following benefits
- Retirement;
- Survivorship allowance.
3. The supplementary retirement scheme.
How many days of leave does a female employee in Vietnam get for a miscarriage ? - Source: internet
How many days of leave does a female employee in Vietnam get for a miscarriage ?
Pursuant to Article 33 of the Law on Social Insurance in 2014 stipulating leave period upon miscarriage, abortion, stillbirth or pathological abortion 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.
As regulations above, female workers who have a miscarriage will have different maximum number of days off depending on the gestational age of the fetus, specifically:
- 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.
Are female employees in Vietnam who have a miscarriage entitled to full paid leave?
Pursuant to Article 39 of the Law on Social Insurance in 2014 stipulating allowance levels of the maternity benefits as follows:
Allowance levels of the maternity benefits
1. For employees entitled to the maternity benefits 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 benefits 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.
As regulations above, when a female worker takes leave due to a miscarriage, during the entire period of leave, the female worker will not receive salary from the employer, but will receive a subsidy from the social insurance agency (except in cases where the employee and the employer have a different agreement).
Are husbands not entitled to maternity leave when their wives have a miscarriage in Vietnam?
Pursuant to Clause 1.e Article 31 of the Law on Social Insurance in 2014, the maternity benefits shall cover male employees currently paying social insurance premiums whose wives give birth to children
Pursuant to Clause 2 Article 34 of the Law on Social Insurance in 2014, male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:
Leave period for childbirth
...
a/ 5 working days;
b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.
The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.
...
As regulations above, the husband can only take leave to enjoy maternity benefits when his wife gives birth.
In the case of his wife having a miscarriage, even if the husband is participating in social insurance, he will still not be able to take leave to enjoy maternity benefits.
Therefore, if the husband wants to take leave, he can use his paid leave days or take unpaid leave to apply for leave if necessary.
Best regards!
