Shall a female worker who has an abortion in Vietnam be entitled to maternity leave?

Shall a female worker who has an abortion in Vietnam be entitled to maternity leave?

Pursuant to Article 33 of the Law on Social Insurance in 2014 stipulating 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.

As regulations above, a female worker can only be entitled to maternity leave if she gets pathological abortion. In your case, you want to get abortion on your family purpose so you won't be entitled to maternity leave.

Shall a female worker who has an abortion in Vietnam be entitled to maternity leave? - Source: Internet

Shall a female worker who is a surrogate mother in Vietnam be entitled to maternity leave?

Pursuant to Article 31 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the maternity benefits as follows:

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.

As regulations above, a female worker who is a surrogate mother in Vietnam shall be entitled to maternity leave.

What are the regulations on maternity leave for surrogate mother and the person who ask for surrogate pregnancy in Vietnam?

Pursuant to Article 35 of the Law on Social Insurance in 2014 stipulating maternity benefits of female employees as surrogate mothers and intended mothers as follows:

1. A female employee as surrogate mother is entitled to the prescribed benefits when getting prenatal check-ups, miscarriage, abortion, stillbirth or pathological abortion, and take a maternity leave until the time of relinquishing the child to the intended mother, with the leave period not exceeding the period specified in Clause 1, Article 34 of this Law. In case the maternity leave period is under 60 days from the date of childbirth to the time of relinquishing the child, surrogate mothers are entitled to continue enjoying the maternity benefits until such leave period reaches full 60 days, including public holidays, New Year holidays and weekends.

2. Intended mothers are entitled to a maternity leave from the time of receiving the child until the child reaches full 6 months.

3. The Government shall provide in detail the maternity benefits, and procedures for enjoying the maternity benefits applicable to female employees as surrogate mothers and intended mothers.

Above are regulations on maternity leave for surrogate mother and the person who ask for surrogate pregnancy in Vietnam.

Best regards!