All cases of abortion are entitled to maternity benefits
Pursuant to Article 52 of the new Law on Social Insurance (SI), the period of leave to enjoy the regime for miscarriage, abortion, and stillbirth is regulated as follows:
- Maximum 10 days: pregnancy under 5 weeks old.
- Maximum 20 days: pregnancy from 5 weeks to under 13 weeks old.
- Maximum 40 days: Men from 13 weeks old to under 22 weeks old.
- 120 days if the pregnancy is 22 weeks old or older.
Thus, when workers use medical intervention measures to end the development of the fetus (commonly understood as an abortion) they will also enjoy maternity benefits, whether it is a medical or unintentional abortion.
Before July 1, 2025, the Social Insurance Agency will only resolve the regime for employees who miscarry,astruct, suck on a fetus, have a stillborn fetus or have a medical miscarriage before receiving maternity benefits.
Man dies early, mother still takes 6 months of maternity leave
According to Clause 2, Article 52 of the Law on Social Insurance 2024
In case a female employee is 22 weeks pregnant or older and meets the conditions specified in Clause 2 or Clause 3 or Clause 5, Article 50 of this Law but has an abortion, miscarriage, or a stillborn fetus during labor, the female employee and her husband are entitled to take leave to enjoy maternity benefits as in the case of female employees giving birth.
Thus, female employees who are 22 weeks pregnant or older and are eligible for maternity benefits but have miscarriage, miscarriage, stillbirth in the womb, or death during labor are entitled to take leave to enjoy maternity benefits.
This means that the wife is still entitled to 6 months off, the husband is still entitled to take care of his wife and both husband and wife are entitled to maternity benefits as usual.
Before July 1, 2025, according to Clause 3, Article 34 of the Law on Social Insurance 2014, if after giving birth, if the child dies under 2 months old, the mother will be entitled to 4 months off work from the date of birth; if the child dies at 2 months or more, the mother will be entitled to 2 months off work from the date of child's death but the leave period to enjoy maternity benefits shall not exceed 6 months.
