Maternity regime in the case of stillbirth

I was pregnant for 3 months when getting stillbirth. I have participated in compulsory insurance at my company. I would like to know how many days I am allowed to leave and how much the benefit I can earn in this case.

FDVN’s opinion:

Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice on your question. 

[1]. Legal provisions on the time for leaving when getting stillbirth:

According to Article 33 of Law on Social insurance 2014, when getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take maternity leave as prescribed by a competent health establishment. The maximum leave period is:

a/ 10 days, for the pregnancy of under 5 weeks;

b/ 20 days, for the pregnancy of between 5 weeks and under 13 weeks; c/ 40 days, for the pregnancy of between 13 weeks and under 25 weeks; d/ 50 days, for the pregnancy of 25 weeks or more.

2. The maternity leave period above is inclusive of public holidays, New Year holidays and weekends.

Thus, you will take maternity leave when getting stillbirth according to the direction of the medical examination facility. Your pregnancy was 3 months (12 weeks old), you will take the maximum maternity leave of 20 days. This period includes public holidays, New Year holidays and weekends.

[2]. Legal provisions on the allowance levels of the maternity regime:

The allowance levels of the maternity regime are regulated in Article 39, Law on Social insurance 2014, guided by Circular 59/2015 / TT-BLĐTBXH dated on 29/12/2015.

- A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. If the period of participating in social insurance is intermittent, it will be total added. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity regime specified is the average of salaries of the months for which social insurance premiums have been paid;

- The per-day allowance must equal the monthly maternity allowance divided by 30 days.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal expert: Nguyen Thi Hai Nhi

FDVN Law Firm

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