Ms. Huong’s fetus was 17 weeks old when her amniotic fluid ran out and she had to be admitted to the emergency room. The ultrasound results showed that she had depleted amniotic fluid and lost the fetal heartbeat, forcing her to have an abortion.
When discharged from the hospital, the doctor wrote on the hospital discharge paper “abortion within 40 days” without recording the pregnancy. Flow chart of fetal heart loss.
Ms. Huong wondered: “So am I entitled to full benefits insurance or not? If you are allowed 40 days off as prescribed, is it counted from the date of discharge from the hospital or from what date? abortion, stillbirth or pathological abortion, female employees are entitled to leave to enjoy maternity leave as prescribed by a competent medical examination and treatment facility.
According to Vietnam Social Insurance, the leave period to enjoy Maternity benefits in the above case are calculated based on gestational age, specifically as follows.
Clause 12 of Circular No. 18/2022/TT-BYT dated December 31, 2022 of the Ministry of Health stipulates: “In cases where an employee has a miscarriage, abortion, stillbirth, If the gestational age is 13 weeks or older, the maximum leave period is as prescribed by the Law on Social Insurance but must not exceed 50 days for one issuance of a certificate of leave to enjoy social insurance benefits.
Appendix 3 issued Attached is Circular 18/2022/TT-BYT regulating instructions for recording hospital discharge papers. Accordingly, in case of termination of pregnancy, clearly state the time of termination of pregnancy at this time and date…
Based on the above regulations, Vietnam Social Security said: “In the case of Ms. Huong having an abortion at 17 weeks, she is entitled to maternity benefits as prescribed by the medical examination and treatment facility for a maximum of 40 days from the date of termination of pregnancy recorded. on hospital discharge papers”.
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