How Maternity Benefits Are Calculated When Both Spouses Contribute to Social Insurance

Both husband and wife paying social insurance, how are the maternity policies calculated? (Illustrative image)

The LAW SECRETARY editorial board would like to address this issue as follows:

Who is eligible for maternity policies?

Based on the provisions of Article 31 of the Social Insurance Law 2014, employees are entitled to maternity policies in the following cases:

- Female employees who are pregnant;- Female employees giving birth;- Female employees who carry a surrogate pregnancy and the mothers who request the surrogate pregnancy;- Employees adopting a child under 6 months old;- Female employees inserting an intrauterine device, employees undergoing sterilization measures;- Male employees currently paying social insurance whose wives give birth.

Note: Female employees giving birth, carrying a surrogate pregnancy, and the mothers who request the surrogate pregnancy, employees adopting a child under 6 months old must have paid social insurance for at least 6 months within the 12 months prior to giving birth or adopting a child.

Female employees giving birth who have paid social insurance for at least 12 months and have to take leave from work for antenatal care as prescribed by a competent medical establishment must have paid social insurance for at least 3 months within the 12 months prior to giving birth.

Thus, under the above regulations, both male and female employees are entitled to maternity policies. Therefore, if both spouses pay social insurance and meet the required time, both will receive maternity benefits when giving birth. However, the benefits for both spouses will differ.

How are the maternity policies calculated if both spouses pay social insurance?

Based on Article 34 of the Social Insurance Law 2014, the duration of receiving maternity benefits when giving birth for employees is as follows:

- Female employees giving birth are entitled to a 6-month leave period for maternity benefits before and after giving birth. In cases where a female employee gives birth to twins or more, from the second child onwards, the mother is entitled to an additional 1-month leave per child. (Note: The leave period for maternity benefits before giving birth is capped at 2 months)

- Male employees currently paying social insurance whose wives give birth are entitled to a leave period for maternity benefits as follows:

- 5 working days;- 7 working days if the wife has a cesarean section or gives birth to a child under 32 weeks old;- In case of twins, the leave period is 10 working days; for triplets or more, an additional 3 working days per child starting from the third;- In case of twins or more with a cesarean section, the leave period is 14 working days.

Note: The above-mentioned leave period for maternity benefits must be within 30 days from the date of the wife's childbirth.

Additionally, Articles 38, 39, and 41 of the Social Insurance Law 2014 stipulate the maternity benefits for employees as follows:

- For female employees:

+ Female employees will receive 6 months of maternity benefit allowance upon giving birth. The monthly allowance equals 100% of the average monthly salary for which social insurance premiums were paid in the 6 months prior to taking maternity leave.

+ Female employees will receive a one-time allowance equaling 2 times the statutory pay rate in the month of childbirth. (For example: Ms. B will receive a one-time allowance = 1,490,000 x 2 = 2,980,000 VND)

+ Female employees will be entitled to postpartum convalescence and health rehabilitation benefits of a one-day allowance equal to 30% of the statutory pay rate. (For example: Ms. B will be entitled to a convalescence and health rehabilitation benefit of one day = 1,490,000 x 30% = 447,000 VND)

- Male employees are entitled to maternity benefits: The daily allowance is calculated based on the monthly maternity benefit divided by 24 days.

Daily allowance = (100% x average monthly salary for which social insurance premiums were paid in the 6 months prior to maternity leave) : 24

Thus, based on the above regulations, if both husband and wife participate in social insurance, the maternity benefits for both spouses will be calculated as per the regulations above. Additionally, the husband will be entitled to leave to take care of his wife during childbirth while still receiving full salary, and the number of leave days will differ based on specific circumstances.

Ty Na

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