Can sterilized male employees enjoy maternity benefits in Vietnam?

If Male employees who are paying social insurance premiums fall into the prescribed cases, they can enjoy the maternity benefit. Therefore, can sterilized male employees enjoy maternity benefits in Vietnam?

Can sterilized male employees enjoy maternity benefits in Vietnam? (Illustration)

* Male employee sterilization is one of the conditions for enjoying the maternity regime in Vietnam

Pursuant to Point dd, Clause 1, Article 31 of the Vietnames Law on Social Insurance 2014 stipulates that sterilization is a condition for employees to enjoy social insurance.

* Leave period when taking contraceptive measures in Vietnam

Article 37 of Vietnamese Law on Social Insurance 2014 stipulates the leave period when taking contraceptive measures as follows:

When taking contraceptive measures, employees are entitled to the maternity regime as prescribed by competent health establishments.

The maximum leave period is 15 days, for employees taking sterilization measures.

Note: The maternity leave period includes public holidays, New Year holidays, and weekly rest days.

* Allowance levels of the maternity benefit by month

Allowance = 100% x Average monthly payment of social insurance premium x Number of days off.

Including:

- The average monthly salary on which social insurance premiums are based for full 06 months or more is the average of salaries of 6 months preceding the leave on which social insurance premiums are based;

- IFor employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity regime is the average of salaries of the months for which social insurance premiums have been paid.

* Allowance levels of the maternity benefit by day

Maternity allowance by day = Allowance by month/30 days

Note: The time off from work on maternity leave from 14 working days or more in a month is counted as the period of payment of social insurance premiums. Employees and employers are not required to pay social insurance premiums.

* Dossier for maternity benefits

Pursuant to Article 4 of Decision 166/QD-BHXH 2019 stipulating that the application for maternity benefits upon sterilization includes:

- List 01B-HSB made by the employer

- For inpatient treatment: The copy of discharge note;

- For outpatient treatment: The confirmation of eligibility to receive social insurance benefits or the copy of discharge note including the physician or medical assistant’s indication to take rest after the inpatient treatment.

Ngoc Nhi

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