A reader who has email address tathicucx @ xxx asked: I had an early miscarriage under 5 weeks of age, so how I will enjoy the maternity regime? How many days off after will I enjoyed after discharge.  My salary for the 6 consecutive months of social insurance is VND 5,055,000

The Labor Newspaper's legal consultancy office replied:

Article 33 of the Law on Social Insurance 2014 stipulates the period of entitlement to benefits of  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.

Article 39 of the Law on Social Insurance 2014 provides for the level of entitlement to the maternity regime as follows:

For employees entitled to the maternity regime as prescribed in Articles 32 or Article  37 of this Law, the allowance levels shall be calculated as follows: a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.

For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity regime specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;

The social insurance agency will calculate specifically to pay for you.

Legal advice

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