New: Increase in Allowances and Paternity Leave Policies When the Wife Gives Birth

To be specific:, Article 38 of the Social Insurance Law 2014 stipulates that when the wife gives birth, the husband is entitled to a one-time allowance for the birth of a child at the rate of 2.98 million VND/child, equivalent to 02 times the statutory pay rate.

According to Clause 2 Article 9 of Circular 59/2015/TT-BLDTBXH, the conditions for the husband to receive a one-time maternity allowance are specified as follows:

- In the case where only the father participates in social insurance, the father must have paid social insurance premiums for at least 06 months within 12 months prior to the time of childbirth;

- For the husband of the mother who uses a surrogate, he must have paid social insurance premiums for at least 06 months within 12 months up to the time of receiving the child.

Regarding the number of days off for maternity leave, the husband is entitled to leave to take care of his wife after childbirth as follows:

- 05 working days;

- 07 working days when the wife gives birth by surgery or gives birth to a baby under 32 weeks old;

- In case the wife gives birth to twins, the husband is entitled to 10 working days off. For triplets or more, the husband is entitled to an additional 03 working days for each additional child;

- In case the wife gives birth to twins or more by surgery, the husband is entitled to 14 working days off.

The maternity leave period is calculated within 30 days from the date of the wife's childbirth.

Additionally, in special cases, the number of days off for the husband is calculated as follows:

- If only the father participates in social insurance and the mother dies after childbirth or faces health risks after childbirth and is unable to take care of the child as certified by a competent medical facility, or if the mother participates in social insurance but is ineligible for maternity leave, the father is entitled to maternity leave until the child reaches 06 months of age.

- If only the mother participates in social insurance or both parents participate in social insurance and the mother dies after childbirth, the father is entitled to the remaining maternity leave period allocated to the mother.

Duy Thinh

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