1. Is it possible to ask for medical leave after an abortion?

According to Clause 1, Article 41 Law on Social Insurance 2014, female employees can apply for convalescence leave immediately after enjoying maternity benefits due to abortion or aspiration if the following conditions are met:

(1) The period of maternity leave has expired due to miscarriage, curettage, abortion, stillbirth or pathological abortion.

Pursuant to Article 33 Law on Social Insurance 2014, when having an abortion or abortion, female employees will be entitled to maternity leave as designated by a competent medical examination and treatment facility but not exceeding the following maximum time:

- No more than 10 days if the fetus is under 5 weeks old.

- No more than 20 days if the pregnancy is from 5 weeks to under 13 weeks.

- No more than 40 days if the pregnancy is from 13 weeks to under 25 weeks.

- No more than 50 days if the pregnancy is 25 weeks or more.

(2) Immediately after the end of maternity leave, return to work but your health has not recovered within the first 30 days.

Therefore, if after returning to work, the female employee finds that her health is not stable, the female employee can request the employer to take leave to recuperate after abortion.

Based on the employee's health condition, the employer and the grassroots trade union executive committee (if any) will decide on the specific number of days off for that employee.

2. How many days are female workers allowed to rest after an abortion?

Pursuant to Article 41 Law on Social Insurance 2014, recovery time after abortion for female workers decided by the employer and the grassroots trade union executive committee (if any) but not exceeding 05 days.

The above period of rest and recovery after abortion includes holidays, New Year holidays and weekly days off. In case an employee has time off for convalescence and recovery from the end of the previous year to the beginning of the next year, the time off for recovery will be calculated for the leave time of the previous year.

During the period of medical leave after abortion, the employee will receive payment from the social insurance agency.

Because employees do not go to work, they will not be paid for their days off, unless otherwise agreed upon with the employer.(according to Clause 2, Article 168 Labor Code 2019).