QUY ĐỊNH VỀ HƯỞNG CHẾ ĐỘ THAI SẢN ĐỐI VỚI NGƯỜI CHỒNG KHI CÓ VỢ SINH CON/REGULATIONS ON MATERNITY BE

Legal situation: My wife is about to give birth. I would like to ask, as her husband, what maternity benefits am I entitled to?

FDVN’s opinion:

Thank you for sending your inquiry to the FDVN Law Firm. Regarding your request, after researching the relevant legal provisions, FDVN would like to provide the following information:

First, conditions for male employees to enjoy maternity benefits

According to Point e, Clause 1, Article 31 of the 2014 Law on Social Insurance, male employees are entitled to maternity benefits if they are currently paying social insurance and their wife gives birth.

Second, duration of maternity leave for male employees

Clause 2, Article 34 of the 2014 Law on Social Insurance details the duration of maternity leave for male employees as follows:

Male employees currently paying social insurance are entitled to maternity leave when their wife gives birth, with the following durations:

a) 5 working days;

b) 7 working days if the wife undergoes surgery or gives birth to a child under 32 weeks;

c) 10 working days for twins, with an additional 3 working days for each additional child starting from the third;

d) 14 working days for twins or more if the wife undergoes surgery.

The maternity leave period prescribed in this clause is calculated within the first 30 days from the date the wife gives birth.

In which, the number of maternity leave days will include weekly days off and holidays according to regulations.

Third, the level of maternity benefits for male employees

Based on Clause 1, Article 39 of the Law on Social Insurance 2014, the level of maternity benefits for men is as follows:

The monthly benefit is equal to 100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave. In case the employee has paid social insurance for less than 6 months, the maternity benefit is the average monthly salary of the months for which social insurance has been paid;

The daily benefit is calculated by dividing the monthly maternity benefit by 24 days as follows:

Benefit = Average salary for social insurance contributions/24 days x Number of days off.

Fourth, the level of one-time maternity allowance for male employees:

Based on Article 38 of the Law on Social Insurance 2014, in case of giving birth but only the father participates in social insurance, the father is entitled to a one-time allowance equal to 2 times the basic salary in the month of birth for each child.

Fifth, maternity allowance application for male employees:

Pursuant to Clause 4, Article 101 of the Law on Social Insurance 2014, in case a male employee takes leave when his wife gives birth, he must have a copy of the birth certificate or a copy of the child's birth certificate and a confirmation from the medical facility in case of a cesarean section or a birth under 32 weeks of age.

The above is FDVN's advisory opinion regarding your request for advice based on research of legal regulations. We hope that FDVN's advisory opinion will be useful to you.

According to Le Cong Anh Tuan - FDVN Law Firm