When a wife gets a pathological abortion, can her husband take leave to receive social insurance benefits in Vietnam?
When a wife gets a pathological abortion, can her husband take leave to receive social insurance benefits in Vietnam? How long is a female employee entitled to maternity leave when getting a pathological abortion?
My wife had an ectopic pregnancy, so she had to undergo an abortion and take a few days off for surgery. Because my wife is weak and we live far from our relatives. Therefore, while my wife is recovering, I have to stay home to take care of her for a few days. In my case, can I take leave to receive social insurance benefits? And how long can my wife take leave to receive insurance benefits? I look forward to your response. Thank you.
When a wife gets a pathological abortion, can her husband take leave to receive social insurance benefits in Vietnam?
Based on Official Letter 1967/BYT-BH dated 2013 determining that illness is the basis for resolving social insurance benefits as follows:
1. Cases of ectopic pregnancy or pregnancies outside the uterus are considered as pathologics.
Therefore, an abortion due to ectopic pregnancy is considered an pathological abortion.
Referring to Article 1, Article 31 of the 2014 Social Insurance Law, the conditions for enjoying the maternity benefits are 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.
Based on Article 1, Article 33 of the 2014 Social Insurance Law, leave period upon miscarriage, abortion, stillbirth or pathological abortion is 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:
...
Therefore, male employees are entitled to maternity benefits when their wives give birth, and the duration of maternity benefits for pathological abortion is the same as for female employees on maternity leave. Thus, you are not entitled to maternity benefits when your wife gets a pathological abortion.
When a wife gets a pathological abortion, can her husband take leave to receive social insurance benefits in Vietnam? (Image from the Internet)
How long is a female employee entitled to maternity leave when getting a pathological abortion?
Based on the analysis above, your wife is entitled to maternity benefits when she has an illness-induced abortion, and the duration of maternity benefits for pathological abortion is the same as for female employees on maternity leave.
Based on Article 33 of the 2014 Social Insurance Law, leave period upon miscarriage, abortion, stillbirth or pathological abortion is 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.
Therefore, depending on the weeks of pregnancy, your wife is entitled to leave for 10-50 days when she gets a pathological abortion in Vietnam.
Best Regards!
