Giving Birth During the Lunar New Year 2021, Is the Husband Entitled to Additional Paternity Leave?
Clause 2 and Clause 6, Article 34 of the 2014 Social Insurance Law stipulate:
- Male employees currently paying social insurance, whose wives give birth, are entitled to maternity leave benefits as follows:
a) 5 working days;
b) 7 working days when the wife gives birth via surgery or delivers a child under 32 weeks of gestation;
c) In the case of the wife giving birth to twins, the leave is 10 working days, for triplets or more, an additional 3 working days per child;
d) In the case of the wife giving birth to twins or more and needing surgery, the leave is 14 working days.
The maternity leave benefits stipulated in this clause are calculated within the first 30 days from the date the wife gives birth.
- The maternity leave benefits stipulated in Clauses 1, 3, 4, 5, and 6 of this Article include holidays, Tet holidays, and weekly rest days.
Therefore, if the child is born during the Tet holiday, the husband is entitled to compensatory leave because the maternity leave benefits for husbands when their wives give birth do not include the Tet holiday.
Respectfully!
