According to the law in Vietnam, how long can a husband be entitled to days off when his wife gives birth for the second time?
My wife has just given birth for the second time, how long can I be entitled to days off? - Mr. Thuc (Quang Ngai)
According to the law in Vietnam, how long can a husband be entitled to days off when his wife gives birth for the second time?
Pursuant to Clasue 2 Article 34 of the Law on Social Insurance in 2014 stipulating leave period for childbirth as follows:
Leave period for childbirth
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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 operation.
The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.
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As regulations above, a husband can be entitled to 5 -14 days off when his wife gives birth for the second time. In detail:
- 5 working days;
- 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
- 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
- 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.
According to the law in Vietnam, how long can a husband be entitled to days off when his wife gives birth for the second time? - Source: Internet
According to the law in Vietnam, what is the allowance that a husband is entitled to when his wife gives birth for the second time?
Pursuant to Clasue 1 Article 39 of the Law on Social Insurance in 2014 stipulating allowance levels of the maternity benefits 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.
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Therefore, in the case of the wife giving birth to a second child, the husband will receive a sum of money equal to 100% of the average monthly salary of the 6 months before taking leave to enjoy the maternity leave.
In the case of not having enough insurance for 06 months, the maternity leave benefit amount is the average monthly salary of the months that have been insured.
The daily benefit amount is calculated by dividing the monthly maternity leave benefit amount by 24 days.
According to the law in Vietnam, what are cases in which a husband may receive lump-sum allowance when his wife gives birth for the second time?
Pursuant to Article 38 of the Law on Social Insurance in 2014 stipulating lump-sum allowance upon childbirth or child adoption as follows:
Lump-sum allowance upon childbirth or child adoption
Female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.
In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.
Pursuant to Clause 2 Article 9 of the Circular 59/2015/TT-BLĐTBXH stipulating conditions to enjoy maternity benefits as follows:
Conditions to enjoy maternity benefits
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2. The conditions to enjoy the one-time subsidys upon birth giving are guided as follows:
a) In case only the father participates in the social insurance, the father must pay the social insurance from full 06 month or more within the period of 12 months before birth giving;
b) For the husband of the mother requesting surrogacy who must pay the social insurance from full 06 months or more within a period of 12 months to the time of child receipt.
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Therefore, the husband will receive a one-time allowance when his wife gives birth to a second child if he meets the following conditions:
The wife does not participate in social insurance.
The husband must have paid social insurance for at least 6 months in the 12 months before the birth of the child.
The amount of the one-time allowance that the husband receives when his wife gives birth to a second child is equal to 2 times the minimum wage at the month of birth for each child, equivalent to 3,600,000 VND.
Note: The minimum wage in Vietnam is currently 1,800,000 VND per month (as prescribed in Decree 24/2023/NĐ-CP)
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