If an employee has a miscarriage of 5 weeks in Vietnam, how many days of leave will she be entitled to?
Hi, my employee had a natural miscarriage. In the hospital discharge paper, the doctor said 5 weeks. So, under the maternity regime, how many days of leave will an employee get when she has a miscarriage?
If an employee has a miscarriage of 5 weeks in Vietnam, how many days of leave will she be entitled to?
According to Article 33 of the Law on Social Insurance 2014 stipulates leave period upon miscarriage, abortion, stillbirth or pathological abortion as follows:
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.
Thus, the employee of your unit had a miscarriage and was identified by the medical examination and treatment facility as a miscarriage of 5 weeks. Therefore, the employee is entitled to a maximum leave of 20 days in Vietnam.
In Article 39 of the Law on Social Insurance 2014, allowance levels of the maternity benefits are as follows:
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.
Specifically: The average salary paid for insurance in the 6 consecutive months before leaving: 30 days x 20 days off in Vietnam.
*About the procedure for enjoying maternity benefits in case of miscarriage
The employee submits the certificate of leave for social insurance benefits for outpatient treatment, the original or a copy of the hospital discharge certificate for inpatient treatment to the employer, within 45 days from the date of delivery.
Best Regards!
