How many days of leave does a husband get if his wife has a C-section? When to submit the postnatal recovery leave application?
1. How many days off does a husband get if his wife undergoes a cesarean section?
My company has a male employee whose wife has undergone a cesarean section. According to the law, how many days off is he entitled to?
Answer:
According to Clause 2, Article 34 of the Law on Social Insurance 2014, the following provisions apply:
A male employee who is contributing to social insurance is entitled to maternity policies when his wife gives birth as follows:
- 05 working days;- 07 working days if the wife gives birth via surgery or the child is born before 32 weeks of gestation;- In case of twins, the employee is entitled to 10 working days off, and for every additional child beyond twins, an additional 03 working days;- In case of twins or more and the wife undergoes surgery, the employee is entitled to 14 working days off.
The leave period defined in this clause is within 30 days from the date the wife gives birth.
Thus, for a male employee whose wife undergoes childbirth via surgery, he is entitled to 07 working days off.
2. When is the employee required to submit documents to receive postnatal recovery benefits?
I have finished my maternity leave, and my company has given me 7 days for postnatal recovery (as I had a cesarean section). I'm preparing to go back to work. When should I submit the documents to receive the postnatal recovery benefits?
Answer:
According to Article 103 of the Law on Social Insurance 2014 regarding the procedures for post-illness and maternity recovery, the following applies:
- Within 10 days from the date the employee is eligible for post-illness and maternity recovery benefits, the employer must compile a list and submit it to the social insurance agency.- Within 10 days from the date of receiving the complete dossier as per regulations, the social insurance agency is responsible for resolving and organizing the payment to the employee; in cases where the request is not approved, a written reply stating the reasons is required.
According to the above regulation, the responsibility for preparing documents to receive postnatal recovery policies lies with the employer. The employer will compile the list and submit it to the social insurance agency, so you do not need to prepare the documents yourself.
3. Is the postnatal recovery benefit paid by the company?
After my maternity leave, the day I return to work is January 5. After that, the company gave me 7 days for postnatal recovery (I had a cesarean section). When I return to work, will the company pay the postnatal recovery benefit for me?
Answer:
According to Clause 1 Article 84 of the Law on Social Insurance 2014, the social insurance fund is used to:
Pay social insurance benefits to employees as outlined in Chapters III and IV of this Law.
Postnatal recovery and health improvement policies are specified in Article 41 of the Law on Social Insurance 2014 - falling under Chapter III.
Therefore, based on the above provisions, the postnatal recovery benefit is paid by the social insurance agency, not by the company.
Additionally, within 10 days from the date the employee is eligible for postnatal recovery benefits, the company is responsible for compiling a list and submitting it to the social insurance agency for them to resolve and organize the payment.
Regards!
