Are Male Employees Entitled to Maternity Leave? What Documents Are Included in the Maternity Leave Application?
Do Male Employees Get Maternity Leave?
According to Clauses 1 and 2, Article 34 of the 2014 Social Insurance Law, the maternity leave policies are regulated as follows:
Duration of Maternity Leave
1. Female employees bearing a child are entitled to maternity leave both prior to and after childbirth for a total of 6 months. In cases where the female employee gives birth to twins or more, she is entitled to an additional 1 month of leave for each subsequent child, starting from the second child.
The period of maternity leave before childbirth must not exceed 2 months.
2. Male employees who are paying social insurance when their wife gives birth are entitled to maternity leave as follows:
a) 5 working days;
b) 7 working days if the wife undergoes a surgical childbirth or gives birth to a child under 32 weeks' gestation;
c) 10 working days for twins, plus 3 additional working days for each subsequent child starting from the third;
d) 14 working days if the wife births twins or more and undergoes surgical childbirth.
The maternity leave periods specified in this clause are calculated within the first 30 days from the date the wife gives birth.
According to the above regulations, male employees paying social insurance are entitled to 5 days of leave when their wife gives birth. In cases where the wife undergoes a surgical childbirth or gives birth to a child under 32 weeks' gestation, male employees are entitled to 7 days of maternity leave.
For twins, male employees are entitled to 10 working days of leave, with an additional 3 working days per additional child starting from the third. In cases where the wife births twins or more and undergoes surgical childbirth, male employees are entitled to 14 working days of leave.
Do male employees get maternity leave? What documents are needed for maternity leave?
What Documents Do Male Employees Need to Submit to Receive Social Insurance for Maternity Leave?
Based on Decision 166/QD-BHXH of 2019, the documents required for male employees to submit for maternity leave include:
- A copy of the birth certificate or birth registration or an extract of the child's birth registration.
- If the wife undergoes a surgical childbirth or gives birth to a child under 32 weeks' gestation and this is not stated on the birth certificate, additional documents proving this from the medical institution must be prepared.
- If the child dies shortly after birth and no birth certificate is issued: Male employees can use an extract or summary of the mother's medical records or the mother's hospital discharge papers that mention the child's death.
To receive payment for maternity leave, male employees must submit the necessary documents to their workplace for the completion of the insurance application and submission to the social insurance agency.
How Many Days of Maternity Leave Do Foreign Male Employees Get?
According to Point c, Clause 2, Article 7 of Decree 143/2018/ND-CP, the maternity leave for foreign male employees is implemented similarly to that for Vietnamese employees.
Based on Article 34 of the 2014 Social Insurance Law, foreign male employees with wives giving birth are entitled to maternity leave as follows:
- In normal cases:
Foreign male employees are entitled to:
For twins and surgical childbirth: 14 working days of leave.
For twins: 10 working days of leave.
For triplets or more: 10 working days + 3 working days x (Number of children born - 2).
For surgical childbirth or childbirth under 32 weeks' gestation: 7 working days of leave.
In other cases: 5 working days of leave.
- In case the wife dies after childbirth:
If both the male employee and the wife are enrolled in compulsory social insurance, the male employee is entitled to the remaining maternity leave of the wife.
If only the male employee is enrolled in compulsory social insurance, the entitlement is 6 months from the date of the child's birth.
Conditions for Foreign Male Employees to Receive Maternity Leave Benefits
Regarding maternity leave benefits for foreign male employees, Clause 1, Article 7 of Decree 143/2018/ND-CP clearly states:
Maternity Leave Benefits
1. Conditions for receiving maternity leave benefits are implemented in accordance with Article 31 of the Social Insurance Law.
According to this regulation, foreign male employees are entitled to maternity leave benefits if they meet the following conditions:
- Participating in compulsory social insurance.
Included are foreign employees working in Vietnam who have a work permit, practice certificate, or practice license issued by competent Vietnamese authorities and have a labor contract of at least 1 year with an employer in Vietnam.
Not included are foreign employees transferred within enterprises and those who have reached the retirement age.
- Having a wife who gives birth.
LawNet