Male employee who has paid social insurance for 2 years and then quits, is he eligible for maternity policies when his wife gives birth?

In this case, how should we handle it? The husband has participated in Social Insurance (SI) for 2 years, while the wife has not participated in SI. By the end of March 2020, he requested to resign from work, and on April 15, 2020, the wife gave birth. Does this person qualify for maternity benefits when his wife gives birth, and should the company process the documents, or should the employee handle it themselves since in April we already reported the reduction?

Clause 1e, Article 31 of the 2014 Social Insurance Law stipulates:

Male employees participating in social insurance whose wives give birth are entitled to maternity benefits.

Article 38 of this Law provides for a one-time allowance when giving birth or adopting a child as follows:

Female employees giving birth or employees adopting a child under 06 months old are entitled to a one-time allowance for each child equal to 02 times the statutory pay rate in the month the female employee gave birth or the month the employee adopted the child.

In cases where a child is born but only the father participates in social insurance, the father is entitled to a one-time allowance equal to 02 times the statutory pay rate in the month of birth for each child.

Therefore, at the time your wife gave birth, you had already resigned and were not participating in social insurance, hence you are not eligible for the policies designated for male employees when their wives give birth.

Respectfully!

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