Vietnam: In case of giving birth to twins, what are the regulations on maternity leave period for employees?
- In case of giving birth to twins, what are the regulations on maternity leave period for employees in Vietnam?
- What is the allowance level of maternity benefits for female employees giving birth to twins in Vietnam?
- What are the conditions for enjoying the maternity benefits of employees in Vietnam?
In case of giving birth to twins, what are the regulations on maternity leave period for employees in Vietnam?
Pursuant to Article 34 of the Law on Social Insurance 2014 stipulating as follows:
Leave period for childbirth
1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.
The maternity leave period before childbirth must not exceed 2 months.
2. Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:
a/ 5 working days;
b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operations.
The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.
3. After childbirth, if an under-2-month child dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the maternity leave period must not exceed the period specified in Clause 1 of this Article; such leave period shall not be included in the period of personal leave as prescribed by the labor law.
4. In case only the mother is covered by social insurance or both parents are covered by social insurance but the mother dies in childbirth, the father or the direct fosterer is entitled to a maternity leave for the remaining period applicable to the mother as specified in Clause 1 of this Article. In case the mother who is covered by social insurance but does not fully satisfy the conditions specified in Clause 2 or 3, Article 31 of this Law, dies, the father or the direct fosterer is entitled to a maternity leave until the child reaches full 6 months.
5. The father or the direct fosterer who is covered by social insurance but does not take a leave under Clause 4 of this Article is entitled to not only his/her salary but also the maternity benefits for the remaining period applicable to the mother as specified in Clause 1 of this Article.
6. In case only the father is covered by social insurance and the mother dies in childbirth or faces a postnatal risk that makes her unable to care for the child, as certified by a competent health establishment, the father is entitled to a maternity leave until the child reaches full 6 months.
7. The maternity leave period specified in Clause 1, 3, 4, 5 or 6 of this Article is inclusive of public holidays, New Year holidays and weekends.
According to the above regulations, female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits in which the maternity leave period before childbirth must not exceed 2 months.
For female employees who give birth to twins or more infants, they shall be entitled to an additional leave of 1 month for each infant from the second.
In addition, male employees whose wives give birth to twins will be entitled to the maternity leave period of 10 working days. In case of giving birth to twins or more infants, they will be entitled to additional 3 working days for each infant from the second.
What is the allowance level of maternity benefits for female employees giving birth to twins in Vietnam?
Pursuant to Clause 1, Article 39 of the 2014 Law on Social Insurance as follows:
Allowance levels of the maternity benefits
1. For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:
a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;
b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;
c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.
Thus, in case a female employee gives birth to twins, her monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.
What are the conditions for enjoying the maternity benefits of employees in Vietnam?
Pursuant to Article 31 of the 2014 Law on Social Insurance as follows:
Conditions for enjoying the maternity benefits
1. Employees shall be covered by the maternity benefits in one of the following cases:
a/ Pregnant female employees;
b/ Female employees giving birth to children;
c/ Female employees as surrogate mothers and intended mothers;
d/ Employees adopting under-6-month children;
dd/ Female employees having intrauterine devices or employees taking sterilization measures;
e/ Male employees currently paying social insurance premiums whose wives give birth to children.
2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.
3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.
4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.
Accordingly, employees will receive maternity benefits when meeting the above conditions.
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