How many days off is a male teacher whose wife gives birth ((with social insurance premium payment) entitled to? Will the husband who takes paternity leave in Vietnam be entitled to a reduction in the teaching norm?
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Vietnam: Will a male teacher whose wife gives birth be entitled to a reduction in the teaching norm? (Illustrative Photo)
Under the provisions of Clause 2, Article 34 of the Law on Social Insurance 2014, male employees who are paying social insurance premiums in Vietnam, when their wife gives birth, are entitled to take the paternity leave period as follows:
- 05 working days for the birth of one child by natural delivery;
- 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
- 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
- 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.
Note: The paternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.
Additionally, according to Chapter III of Circular 28/2009/TT-BGDDT regulating the cases of reduction in the teaching norm for teachers in Vietnam:
- Homeroom teachers at the primary level are reduced by 3 lessons/week, at the lower secondary and upper secondary levels by 4 lessons/week;
- Homeroom teachers at boarding ethnic secondary schools at the lower secondary and upper secondary levels are reduced by 4 lessons/week.
Homeroom teachers at specialized schools and semi-boarding ethnic secondary schools are reduced by 4 lessons/week.
Homeroom teachers at schools and classes for the disabled and handicapped are reduced by 3 lessons/week;
- Teachers concurrently in charge of subject-specific classrooms are reduced by 3 lessons/subject/week;
- Teachers concurrently in charge of extracurricular activities, school-wide physical education, school gardens, school workshops, equipment rooms, and libraries (if there are no specialized staff) are reduced by 2 - 3 lessons/week depending on the workload and as decided by the principal;
- Heads of professional teams are reduced by 3 lessons/week;
- Teachers concurrently serving as secretaries of the CPV committee, and CPV cell secretaries (where the CPV committee has not been established) at Rank I schools are reduced by 4 lessons/week, and by 3 lessons/week at other grade schools;
- Teachers concurrently serving as the secretary and deputy secretary of Ho Chi Minh Communist Youth Union are entitled to benefits and policies as stipulated in the Decision 13/2013/QD-TTg;
- Teachers concurrently serving as the chairman of the school council and secretary of the school council are reduced by 2 lessons/week;
- Teachers concurrently serving as the head of the school people’s inspectorate are reduced by 2 lessons/week;
- Newly recruited contractual teachers are reduced by 2 lessons/week;
- Female teachers with children under 12 months old are reduced by 3 lessons/week (for upper secondary and lower secondary teachers) and 4 lessons/week (for primary teachers).
Thus, according to the above regulations, male employees who are paying social insurance premiums in Vietnam, when their wife gives birth, are entitled to take a paternity leave period from 05 to 14 working days depending on whether the wife gives birth naturally, by surgery, twins, triplets, etc. Concurrently, male teachers whose wives give birth are not eligible for a reduction in the teaching norm according to the above regulations.
The benefit level for male teachers with a wife giving birth is stipulated as follows:
Case 1: Both spouses are paying social insurance premiums
According to point b, clause 1, Article 39 of the Law on Social Insurance 2014, a male teacher will receive maternity allowance for days off to care for his wife as stipulated. The daily allowance is calculated by the monthly maternity allowance rate divided by 24 days.
Case 2: Only the husband is paying social insurance premiums
According to Article 38 of the Law on Social Insurance 2014 and Clause 2, Article 9 of Circular 59/2015/TT-BLDTBXH, if the child is born and only the father is participating in social insurance, he is entitled to a lump-sum allowance equal to 02 times the statutory pay rate in the month of childbirth for each child, provided he has paid social insurance for at least 06 months within the 12 months before the child’s birth. Thus, the lump-sum allowance that a male teacher receives when his wife gives birth will be 1,490,000 VND/month X 2 = 2,980,000 VND per child.
The above are the consultations from the editorial board of Lawnet about the maternity benefits for male teachers, we hope this information can help our valued customers and members, especially teachers, understand more clearly the legal regulations on maternity benefit policies and the cases of reduction in the teaching norm for teachers.
Ty Na
