Maximum duration of maternity leave entitlement in case of miscarriage from July 01, 2025?
Maximum Duration of Maternity Leave for Miscarriage from July 1, 2025, is How Long?
Pursuant to Article 52 of the Social Insurance Law 2024, the duration of maternity leave for miscarriage, abortion, fetal death in the womb, fetal death during labor, and ectopic pregnancy is stipulated as follows:
Duration of Maternity Leave for Miscarriage, Abortion, Fetal Death in the Womb, Fetal Death During Labor, and Ectopic Pregnancy
- The duration of maternity leave for miscarriage, abortion, fetal death in the womb, fetal death during labor, and ectopic pregnancy is prescribed by the medical practitioner but shall not exceed the following limits:
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 22 weeks old;
d) 50 days if the fetus is 22 weeks old or older.
In case a pregnant female worker carrying a fetus of 22 weeks or older meets the conditions specified in Clause 2, Clause 3, or Clause 5 of Article 50 of this Law, and experiences a miscarriage, abortion, fetal death in the womb, or fetal death during labor, both the female worker and her husband are entitled to maternity leave as if the female worker has given birth.
The duration of maternity leave specified in Clause 1 of this Article includes public holidays, New Year holidays, and weekly rest days.
Therefore, from July 1, 2025, the maximum duration of maternity leave for miscarriage is stipulated as follows:
- 10 days if the fetus is under 05 weeks old- 20 days if the fetus is from 05 weeks old to under 13 weeks old- 40 days if the fetus is from 13 weeks old to under 22 weeks old- 50 days if the fetus is 22 weeks old or older
Additionally, a pregnant female worker carrying a fetus of 22 weeks or older who qualifies for maternity leave benefits, and experiences a miscarriage, is entitled to maternity leave along with her husband as if she has given birth.
Maximum Duration of Maternity Leave for Miscarriage from July 1, 2025, is How Long? (Image from the Internet)
Do Female Surrogates Get Maternity Leave if They Have a Miscarriage?
Pursuant to Article 54 of the Social Insurance Law 2024, the maternity leave policies for female surrogates are stipulated as follows:
Maternity Leave Policies for Female Surrogates
- Female surrogates are entitled to maternity leave for prenatal check-ups as stipulated in Article 51 of this Law.
2. Female surrogates who experience a miscarriage, abortion, fetal death in the womb, fetal death during labor, or ectopic pregnancy are entitled to maternity leave as stipulated in Article 52 of this Law.
- Female surrogates who give birth and meet the conditions specified in Clause 2 or Clause 3 of Article 50 of this Law are entitled to:
a) Maternity leave until the date of handing over the baby to the intended parents, but not exceeding the duration specified in Clause 1 of Article 53 of this Law.
In case the period from the date of birth to the date of handing over the baby is less than 60 days, the female surrogate is still entitled to maternity leave until the 60-day period is completed, including public holidays, New Year holidays, and weekly rest days. The date of handing over the baby is recorded in the document confirming the handover from the intended parents and the surrogate.
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According to the above provisions, female surrogates who participate in social insurance and experience a miscarriage are entitled to maternity leave according to the regulations.
What is the Social Insurance Contribution Rate Effective From July 1, 2025?
Pursuant to Article 32 of the Social Insurance Law 2024, the social insurance contribution rates are stipulated as follows:
[1] Mandatory Social Insurance Contribution Rate
- 3% of the salary used as the basis for social insurance contributions goes to the sickness and maternity fund- 22% of the salary used as the basis for social insurance contributions goes to the retirement and survivor's benefit fund
[2] Voluntary Social Insurance Contribution Rate is 22% of the income used as the basis for social insurance contributions, going to the retirement and survivor's benefit fund
Note: The Social Insurance Law 2024 comes into effect from July 1, 2025.
