Benefits for Female Workers After Miscarriage

Being a mother is a natural duty and instinct of every woman, bringing her great happiness. However, in some unfortunate cases, miscarriages occur – causing the physical and mental health of women to be severely affected. Especially for women who are still working and the miscarriage will affect their health. To ensure female workers in this case, the law has stipulated a number of allowances for female workers who have miscarriages.

1. Conditions for enjoying maternity leave

According to the provisions of Articles 32, 33 and 37 of the Law on Social Insurance 2014, during the working period before the end of maternity leave, if a female worker has to stop working due to miscarriage, she is entitled to maternity benefits.

2. Leave from work to enjoy maternity benefits

According to the instructions of the competent medical examination and treatment facility, when having a miscarriage, the maximum time off from work for female employees to enjoy maternity benefits is prescribed as follows (time off from work to enjoy maternity benefits includes holidays, Tet holidays, and weekly days off).

– 10 days if the pregnancy is less than 05 weeks old.

– 20 days if the pregnancy is from 05 weeks old to less than 13 weeks old.

– 40 days if the pregnancy is from 13 weeks to under 25 weeks old.

– 50 days if the pregnancy is from 25 weeks old or more.

3. Maternity benefits

In the case of a female worker having a miscarriage, the daily benefit is calculated by dividing the monthly allowance by 30 days. In which:

– Monthly benefit level: equal to 100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave.

– In case the employee has paid social insurance for less than 6 months: the maternity benefit level is the average monthly salary of the months for which social insurance has been paid.

4. Rest and recuperation

The number of days of rest and recuperation is decided by the employer and the Executive Board of the grassroots trade union or by the employer.

During the first 30 working days, if a female employee’s health has not yet recovered after the maternity leave period due to miscarriage, she is entitled to rest and recuperation.

The maximum rest and recuperation period due to miscarriage is 05 days, and a maximum of 07 days for female employees who have to give birth by caesarean section. technique, Maximum 10 days for female workers giving birth to two or more children at a time; (including holidays, Tet holidays, and weekly days off).

The level of benefit for recuperation and health recovery after giving birth for one day is equal to 30% of the basic salary.

Basic salary from July 2019 to June 30, 2023: 1,490,000 VND/Month

Basic salary from July 1, 2023: 1,800,000 VND/Month.

In case there is time off to recuperate and recover from the end of the previous year to the beginning of the following year, that time off will be counted for the previous year.

Hopefully, through this article, readers will clearly understand the rights and maternity regime, especially for female workers who are working.
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