Are male employees eligible for leave covered by social insurance after undergoing sterilization?
In Vietnam, are male employees eligible for leave covered by social insurance after undergoing sterilization? What are regulations on leave period upon miscarriage, abortion, stillbirth or pathological abortion? Currently, I'm an office worker covered by the State's social insurance. Recently, I have just undergone sterilization. Am I eligible for leave covered by social insurance? Thank you.
<subquestion>In Vietnam, are male employees eligible for leave covered by social insurance after undergoing sterilization?</subquestion>
Pursuant to Article 37 of Law of Social Insurance in 2014 on leave period when taking contraceptive measures:
1. When taking contraceptive measures, employees are entitled to the maternity benefits as prescribed by competent health authorities. The maximum leave period is:
a/ 7 days, for female employees implanted with intrauterine devices;
b/ 15 days, for employees taking sterilization measures.
2. The benefit leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.
Pursuant to Clause 1 Article 31 of Law of Social Insurance in 2014:
1. Employees shall be covered by the maternity benefits in one of the following cases:
a/ Pregnant female employees;
b/ Female employees giving birth to children;
c/ Female employees as surrogate mothers and intended mothers;
d/ Employees adopting under-6-month children;
dd/ Female employees having intrauterine devices or employees taking sterilization measures;
e/ Male employees currently paying social insurance premiums whose wives give birth to children.
According to the above regulations, male employees are eligible for leave covered by social insurance after undergoing sterilization. Leave period for taking sterilization measures is 15 days.
<subquestion>What are regulations on leave period upon miscarriage, abortion, stillbirth or pathological abortion?</subquestion>
Pursuant to Article 33 of Law of Social Insurance in 2014 on leave period upon miscarriage, abortion, stillbirth or pathological abortion:
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.
According to the above regulations, depending on the age of the fetus, leave period may vary.
