Template of Application for Maternity Leave Policies: How do male employees receiving social insurance benefits while their wives give birth get maternity leave benefits?
What Does the Application for Leave to Enjoy Maternity Benefits Look Like?
Currently, the law does not provide a specific template for an Application for Leave to Enjoy Maternity Benefits. Below is a sample Application for Leave to Enjoy Maternity Benefits (for reference only):
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Download the latest template for an Application for Leave to Enjoy Maternity Benefits here.
What does the Application for Leave to Enjoy Maternity Benefits Look Like? How do male workers currently paying social insurance get leave to enjoy maternity benefits when their wives give birth? (Image from the Internet)
How Long is the Leave for Miscarriage, Abortion, Stillbirth, or Pathological Abortion?
Based on Article 33 of the Law on Social Insurance 2014, the time for leave in cases of miscarriage, abortion, stillbirth, or pathological abortion is regulated as follows:
- In the event of miscarriage, abortion, stillbirth, or pathological abortion, female workers are entitled to maternity leave as indicated by the authorized medical facility. The maximum leave duration is as follows:
+ 10 days if the fetus is under 05 weeks of age.
+ 20 days if the fetus is between 05 to under 13 weeks of age.
+ 40 days if the fetus is between 13 to under 25 weeks of age.
+ 50 days if the fetus is 25 weeks of age or older.
- The period of maternity leave specified in Clause 1, Article 33 of the Law on Social Insurance 2014 includes public holidays, New Year holidays, and weekly rest days.
How Do Male Workers Currently Paying Social Insurance Get Leave to Enjoy Maternity Benefits When Their Wives Give Birth?
Pursuant to Clause 2, Article 34 of the Law on Social Insurance 2014, it is stipulated as follows:
Leave Entitlement Upon Childbirth
1. Female workers giving birth are entitled to 06 months of maternity leave. In the case of giving birth to twins or more, for each additional child from the second, the mother is entitled to an extra month of leave.
The maximum period of maternity leave prior to childbirth is no more than 02 months.
2. Male workers currently paying social insurance, when their wives give birth, are entitled to maternity leave as follows:
a) 05 working days;
b) 07 working days if the wife has surgery or gives birth to a baby of under 32 weeks gestation;
c) In the case of twins, 10 working days are granted, and for each additional child from the third, an additional 03 working days;
d) In the case of twins or more births that require surgery, 14 working days are granted.
The maternity leave stipulated in this clause is calculated within the first 30 days from the date of the wife's childbirth.
3. In the case that the newborn child dies within 02 months after birth, the mother is entitled to 04 months of leave starting from the childbirth date; if the child dies from 02 months after birth, the mother is entitled to 02 months of leave starting from the child's death date, but the maternity leave period must not exceed the regulation stated in Clause 1 of this Article; this leave period does not count towards the personal leave as per the labor law.
4. In the case where only the mother is insured, or both parents are insured but the mother dies after childbirth, the father or direct caregiver is entitled to the mother's remaining maternity leave as stated in Clause 1 of this Article. If the mother is insured but does not meet the conditions stipulated in Clause 2 or Clause 3, Article 31 of this Law and dies, the father or direct caregiver is entitled to maternity leave until the child reaches 06 months old.
5. If the father or direct caregiver is insured but does not take leave as per the regulations in Clause 4 of this Article, in addition to the salary, they are also entitled to the maternity benefits for the mother's remaining leave period as stipulated in Clause 1 of this Article.
6. In the case where only the father is insured, and the mother dies after childbirth or encounters health issues preventing her from caring for the child as confirmed by an authorized medical institution, the father is entitled to maternity leave until the child reaches 06 months old.
7. The maternity leave specified in Clauses 1, 3, 4, 5, and 6 of this Article includes public holidays, New Year holidays, and weekly rest days.
Thus, according to the above regulations, male workers currently paying social insurance are entitled to paternity leave as follows:
- 05 working days.
- 07 working days if the wife has surgery or gives birth to a baby of under 32 weeks gestation.
- In the case of twins, 10 working days, and for each additional child from the third, an extra 03 working days are granted.
- In the case of twins or more births that require surgery, 14 working days are granted.
Note: The maternity leave period is calculated within the first 30 days from the date of the wife's childbirth.
LawNet