Are Male Workers Entitled to Maternity Policies?

According to the provisions in the Social Insurance Law 2014: Employees are entitled to maternity benefits if they are male employees participating in social insurance whose wives give birth.

Leave Policy:

- 05 working days;- 07 working days in cases where the wife gives birth by surgery or gives birth to a child under 32 weeks of age;- In the case of giving birth to twins, the leave is 10 working days; for triplets or more, an additional 03 working days for each subsequent child;- In the case of giving birth to twins or more, requiring surgery, the leave is 14 working days.

The leave period to enjoy the maternity benefits stipulated in this section is calculated within 30 days from the date the wife gives birth.

Specific Cases:

- In cases where only the mother is participating in social insurance and the mother dies after giving birth, the father or the person directly nurturing the child is entitled to the maternity benefits for the remaining period of the mother's time;- In cases where both father and mother participate in social insurance and the mother dies after giving birth, the father is entitled to leave and receive maternity benefits for the remaining period of the mother's time;- In cases where employees participate in social insurance but do not take leave as stipulated, in addition to their salary, they are entitled to maternity benefits for the remaining period of the mother;- In cases where only the father participates in social insurance and the mother dies after giving birth or faces risks after giving birth and is not healthy enough to take care of the child as certified by a competent medical examination and treatment facility, the father is entitled to leave and receive maternity benefits until the child reaches 06 months of age.- ...

Note: The period of enjoying maternity benefits under these regulations includes public holidays, Tet holidays, and weekly rest days.

Maternity Benefit Level:

- The monthly benefit level equals 100% of the average monthly salary which the social insurance premium is based on for 06 months before taking leave to enjoy maternity benefits. In cases where employees have not paid social insurance premiums for 06 months, the maternity benefit level equals the average monthly salary of the months they have paid social insurance premiums;- The daily benefit level equals the monthly benefit divided by 24 days. In cases where there are odd days, the monthly benefit is divided by 30 days;- The leave period to enjoy maternity benefits of 14 working days or more in a month is counted as a period of paying social insurance premiums.- Employees adopting a child under 06 months of age are entitled to a one-time allowance for each child equal to 02 times the statutory pay rate in the month the employee adopts the child;- In cases of giving birth 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 the child's birth for each child.

See detailed regulations in Section 2, Chapter II of the Social Insurance Law 2014 and Circular 59/2015/TT-BLDTBXH.

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