Will Male Employees with Wives Giving Birth Be Eligible for Benefits? What is the Benefit Amount?
In 2024, how long is paternity leave?
Based on Article 34 of the Law on Social Insurance 2014 stipulating the duration of maternity leave benefits when giving birth:
Duration of Maternity Leave Benefits When Giving Birth...2. Male employees currently contributing to social insurance are entitled to paternity leave benefits as follows:
a) 05 working days;
b) 07 working days when the wife gives birth by surgery or gives birth before 32 weeks of pregnancy;
c) In case of twin births, entitled to 10 working days; for triplets or more, an additional 03 working days for each additional child;
d) In the case of twin births or more and the birth is by surgery, entitled to 14 working days.
The leave period for paternity benefits specified in this clause shall be within the first 30 days after the wife gives birth.
If the baby dies under 2 months old after birth, the mother is entitled to 04 months off from the birth date; if the baby is 2 months or older when dying, the mother is entitled to 02 months off from the day the baby dies, but the maternity leave period must not exceed the period regulated in Clause 1 of this Article; this period is not included in the personal leave time as stipulated by labor law.
If only the mother participates in social insurance or both the father and mother participate in social insurance and the mother dies after birth, the father or the direct caregiver is entitled to paternity benefits for the remaining period of the mother as stipulated in Clause 1 of this Article. If the mother participated in social insurance but did not meet the conditions stipulated in Clauses 2 or 3 of Article 31 of this Law and dies, the father or the direct caregiver is entitled to paternity benefits until the child reaches 06 months old.
If the father or the direct caregiver participates in social insurance but does not take leave as regulated in Clause 4 of this Article, besides the salary, they are entitled to paternity benefits for the remaining period of the mother as stipulated in Clause 1 of this Article.
If only the father participates in social insurance and the mother dies after birth or faces health risks after birth and is unable to take care of the child as confirmed by a competent medical facility, the father is entitled to paternity benefits until the child reaches 06 months old.
The duration of maternity benefits stipulated in Clauses 1, 3, 4, 5, and 6 of this Article include public holidays, New Year's holidays, and weekly rest days.
In 2024, male employees can take paternity leave for the following durations:
- When the wife gives birth naturally:+ 05 working days;+ 07 working days if the wife gives birth by surgery or gives birth before 32 weeks of pregnancy;+ 10 working days for twin births; for triplets or more, an additional 03 working days for each additional child;+ 14 working days for twin births or more and the birth is by surgery.
- If the wife dies after giving birth, the male employee is entitled to 06 months off. If twins or more are born, an additional 01 month is entitled for each child.- If the wife dies after childbirth and has not paid enough social insurance contributions to benefit maternity leave, the male employee is entitled to maternity leave benefits until the child reaches 06 months old.- If the wife dies after childbirth and only the male employee participates in social insurance but does not take leave to care for the child, besides the salary, the remaining maternity leave benefits for the mother's period are entitled.- If the wife dies after childbirth or is too ill to take care of the child and only the male employee participates in social insurance, the father is entitled to paternity leave benefits until the child reaches 06 months old.
Note: The duration of maternity leave includes public holidays, New Year's holidays, and weekly rest days.
Do male employees with pregnant wives receive allowances?
Based on Article 31 of the Law on Social Insurance 2014 stipulating the conditions for maternity benefits:
Conditions for Maternity Benefits
- Employees are entitled to maternity benefits in the following cases:
a) Female employees are pregnant;
b) Female employees give birth;
c) Female employees act as a surrogate mother and the intended mother;
d) Employees adopt a child under 06 months old;
e) Female employees undergo intrauterine devices and employees undergo sterilization;
f) Male employees currently contributing to social insurance whose wives give birth....
Based on Clause 2 of Article 9 of Circular 59/2015/TT-BLDTBXH supplemented by Clause 5 of Article 1 of Circular 06/2021/TT-BLDTBXH stipulating the conditions for the lump-sum maternity benefit as follows:
Conditions for Lump-Sum Maternity Benefit...2. Conditions for lump-sum maternity benefit are specifically guided as follows:
a) In cases where only the father participates in social insurance, the father must have contributed to social insurance for at least 06 months within the 12-month period before the child’s birth;
b) For the husband of the intended mother, the husband must have contributed to social insurance for at least 06 months within the 12-month period preceding the child's birth.
c) In cases where the mother is participating in social insurance but does not meet the conditions for maternity benefits when giving birth, and the father meets the conditions stipulated in point a of this clause, the father is entitled to the lump-sum allowance as per Article 38 of the Law on Social Insurance.
d) Determining the 12-month period before the child’s birth for male employees or the husband of the intended mother for lump-sum allowance follows the stipulations in Clause 1 of this Article.
- During the period of returning to work before the end of maternity leave, if the female employee has to take leave for prenatal check-ups, miscarriage, abortion, stillbirth, terminated pregnancies due to illness, or undergoing contraceptive measures, she is entitled to maternity benefits as per the regulations in Articles 32, 33, and 37 of the Law on Social Insurance.
Thus, the conditions for male employees to be entitled to maternity benefits when the wife gives birth are:
- The male employee must be currently contributing to social insurance and have a wife who gives birth.- If only the father participates in social insurance, the father must have contributed to social insurance for at least 06 months within the 12-month period before the child’s birth.
Determining the 12-month period before the child’s birth for male employees receiving the lump-sum allowance follows the regulations in Clause 1 of Article 9 of Circular 59/2015/TT-BLDTBXH.
Do male employees with expecting wives receive allowances? How much? (Image from the Internet)
How much are the maternity benefits for male employees with expecting wives?
Based on Article 38 of the Law on Social Insurance 2014 stipulating the lump-sum maternity allowance for giving birth or adopting a child as follows:
Lump-Sum Allowance for Giving Birth or Adopting a ChildFemale employees giving birth or employees adopting a child under 06 months old are entitled to a lump-sum allowance for each child equal to 02 times the statutory pay rate at the month the female employee gives birth or the month the employee adopts the child.
In cases of giving birth where only the father participates in social insurance, the father is entitled to a lump-sum allowance equal to 02 times the statutory pay rate at the month of birth for each child.
At the same time, Clause 2 of Article 3 of Decree 73/2024/ND-CP stipulates the statutory pay rate from July 1, 2024, as follows:
Statutory Pay Rate
- The statutory pay rate serves as the basis for:
a) Calculating salary levels in salary tables, allowance levels, and implementing other policies according to the law for subjects stipulated in Article 2 of this Decree;
b) Calculating activity fees, subsistence fees according to the law;
c) Calculating deductions and benefits entitled according to the statutory pay rate.
- From July 1, 2024, the statutory pay rate is 2,340,000 VND/month.
As such, male employees participating in mandatory social insurance are entitled to a lump-sum allowance when the wife gives birth if the wife does not participate in mandatory social insurance. The lump-sum allowance is 02 times the statutory pay rate at the month of birth for each child.
Therefore, the lump-sum maternity allowance for male employees with expecting wives in 2024 is adjusted to 4,680,000 VND from July 1, 2024 (before July 1, 2024 is 3,600,000 VND).
