Are male employees entitled to the maternity benefits when their wives give birth in Vietnam?

Are male employees entitled to the maternity benefits whose wives give birth to children in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Are male employees whose wives give birth to children entitled to the maternity benefits in Vietnam?

According to Clause 1, Article 31 of the Law on Social Insurance 2014, employees shall be covered by the maternity benefits in one of the following cases:

- Pregnant female employees;

- Female employees giving birth to children;

- Female employees as surrogate mothers and intended mothers;

- Employees adopting under-6-month children;

- Female employees having intrauterine devices or employees taking sterilization measures;

- Male employees currently paying social insurance premiums whose wives give birth to children.

Thus, male employees currently paying social insurance premiums whose wives give birth to children will be entitled to the maternity benefits according to the above provisions.

2. Maternity benefit period for male employees whose wives give birth to children in Vietnam

Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:

- 5 working days;

- 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.

The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

(Clause 2, Article 34 of Law on Social Insurance 2014)

3. Allowance levels of the maternity benefits for male employees whose wives give birth to children in Vietnam

Allowance levels of the maternity benefits are specified in Article 39 of the Law on Social Insurance 2014 as follows:

- For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of the Law on Social Insurance 2014, the allowance levels shall be calculated as follows:

+ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of the Law on Social Insurance 2014, is the average of salaries of the months for which social insurance premiums have been paid;

+ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of the Law on Social Insurance 2014 must equal the monthly maternity allowance divided by 24 days;

+ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of Article 39 of the Law on Social Insurance 2014; in case of odd days or the case specified in Article 33 or 37 of the Law on Social Insurance 2014, the per- diem allowance must equal the monthly allowance divided by 30 days.

- The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.

- The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of the Law on Social Insurance 2014.

Accordingly, men who are paying social insurance premiums whose wives give birth to children to children are entitled to the following maternity benefits:

- A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.

For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits is the average of salaries of the months for which social insurance premiums have been paid;

- The per-diem allowance must equal the monthly maternity allowance divided by 24 days;

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE