According to Article 52 of the Law on Social Insurance (SI), cases of female employees who terminate their pregnancy, including miscarriage, abortion, stillbirth in the womb, stillbirth during labor, or un fetal pregnancy prescribed by medical examination and treatment practitioners at medical examination and treatment facilities are all entitled to maternity leave and enjoy maternity benefits.
The maximum leave period is regulated according to gestational age as follows: pregnancy under 5 weeks: 10 days off; From 5 to under 13 weeks: 20 days off; From 13 to under 22 weeks: 40 days off; From 22 weeks or more: 50 days off.
The new point of the Law is to expand the rights of employees. Before July 1, only cases of miscarriage, miscarriage, stillbirth, or medical miscarriage will be covered.
However, according to the new Law, all cases that require medical intervention to terminate pregnancy are entitled to maternity benefits, regardless of the cause. This is a humane change, aiming to support female workers when they encounter maternity incidents.
In addition, according to Clause 2, Article 52 of the Social Insurance Law 2024, in cases where female employees who are 22 weeks pregnant or older and meet the conditions specified in Clause 2 or Clause 3 or Clause 5, Article 50 of this Law and have miscarriage, miscarriage, death in the womb, or death during labor, female employees and husbands are entitled to take leave to enjoy maternity benefits like in the case of female employees giving birth.
