Currently, the rate of female laborers undergoing abortions in Vietnam remains high, causing significant health challenges for them. In such cases, employees need rest to recover their health before returning to work. So, what does the law stipulate about maternity policies in the case of abortion?
Article table of contents
Vietnam: Are employees entitled to maternity benefits for abortion? (Illustrative photo)
1. Maternity benefits for female employees undergoing abortion in Vietnam
Based on Article 33 of the Law on Social Insurance 2014:
In cases of miscarriage, curettage, aspiration, fetal death, or pathological abortion, female employees are entitled to leave and maternity benefits as prescribed by authorized medical examination and treatment establishments. The maximum leave durations are specified as follows:
- 10 days if the pregnancy is under 05 weeks;- 20 days if the pregnancy is from 05 weeks to under 13 weeks;- 40 days if the pregnancy is from 13 weeks to under 25 weeks;- 50 days if the pregnancy is 25 weeks or older.
Thus, female employees undergoing curettage, aspiration will be entitled to leave and maternity benefits as prescribed by the medical establishments. However, in reality, many enterprises, labor organizations, and even female employees directly involved in such cases currently misunderstand this regulation. Many believe that during pregnancy, if the female employee or the fetus has a condition that retaining the pregnancy would endanger the mother or fetus, and therefore the doctor prescribes the removal of the developing fetus to protect the mother's health, only then is the female employee entitled to maternity benefits. Understanding this way is not correct according to the spirit of Article 33 of the Law on Social Insurance 2014.
Currently, besides traditional methods, modern medicine recognizes only three methods of abortion: medication, aspiration, and curettage. Clearly, according to current social insurance legislation, women undergoing abortion by aspiration or curettage, whether due to pathological reasons or not, are entitled to maternity benefits. This regulation aims to protect the rights and health of female employees, reflecting the humane nature of Vietnamese law.
2. Maternity benefits for abortion cases in Vietnam
In addition to the leave period, female employees after aspiration or curettage are also entitled to an allowance for the days off enjoying maternity benefits.
Benefit amount = (Average salary for 6 months : 30 days) x 100% x Number of leave days
Where Average Salary for 6 months is the average salary on which social insurance is based for 06 consecutive months before taking leave to enjoy maternity benefits.
If the employee has paid social insurance for less than 06 months, the average salary is calculated based on the actual number of months of paid social insurance.
3. Dossier for maternity benefits in case of aspiration or curettage in Vietnam
As specified in Item 2 Clause 2 Article 4 of Decision 166/QD-BHXH, the dossier for maternity benefits in case of aspiration or curettage includes:
- Form 01B-HSB list prepared by the employing unit;
- Copy of the hospital discharge paper (in case of inpatient treatment) or Certificate of leave for social insurance enjoyment (in case of outpatient treatment).
The dossier is submitted directly to the employer, who is responsible for coordinating with authorities to implement maternity benefits for the employee.
Female employees and employers need to correctly understand and grasp the maternity benefits in case of abortion so as not to overlook the rights that female employees are legally entitled to. This also creates favorable conditions for female employees to rest and recover after undergoing abortion, ensuring they can continue working and contributing to their organization.
Duc Thao
