In Vietnam: How many days are permissible for male employees to take leave when his wife gives birth to a twin?

In Vietnam: How many days are permissible for male employees to take leave when his wife gives birth to a twin? In Vietnam: Is it permissible for male employees to take leave period for child adoption? In Vietnam: Is it permissible for male employees to enjoy social insurance when taking birth control measures?

Hello Lawnet. My wife just had an ultrasound and found out that my wife was going to give birth to a twin. Can you tell me how many days I will take leave if I join the compulsory social insurance?

Thank you!

In Vietnam: How many days are permissible for male employees to take leave when his wife gives birth to a twin?

Pursuant to Article 34 of the Social Insurance in 2014 stipulating leave period for childbirth as follows:

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 operation.

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.

As regulations above, you are currently paying social insurance premiums. If your wife give birth to a twin, you are entitled to a maternity leave of 10 working days.

In Vietnam: Is it permissible for male employees to take leave period for child adoption?

Pursuant to Article 36 of the Social Insurance in 2014 stipulating leave period for child adoption as follows:

Employees adopting an under-6-month child are entitled to a maternity leave until the child reaches full 6 months. In case both parents are covered by social insurance and fully satisfy the conditions for enjoying the maternity benefits as specified in Clause 2, Article 31 of this Law, either father or mother only is entitled to a maternity leave.

As regulations above, it is permissible for male employees to take leave period for child adoption. If you adopt an under-6-month child, you are entitled to a maternity leave until the child reaches full 6 months.

In Vietnam: Is it permissible for male employees to enjoy social insurance when taking birth control measures?

Pursuant to Article 37 of the Social Insurance in 2014 stipulating leave period when taking contraceptive measures as follows:

1. When taking contraceptive measures, employees are entitled to the maternity benefits as prescribed by competent health establishments. The maximum leave period is:

a/ 7 days, for female employees implanted with intrauterine devices;

b/ 15 days, for employees taking sterilization measures.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

As regulations above, male employees can take 15 days including public holidays, New Year holidays and weekends can enjoy social insurance.

Best regards!

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