In addition to the rights of female employees upon childbirth, which are protected by labor laws and labor protection policies, male employees whose wives have children are also entitled to certain benefits. According to current regulations, what are the rights of insurance benefits on maternity regime of male employees?
To enjoy maternity regime of male employees, the prescribed conditions must be fully meet
A male employee whose wife has given birth is entitled to maternity benefits if, at the time of requesting benefits, he is paying social insurance.
The leave period upon childbirth is applicable in maternity regime of male employees whose wife has given birth
Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a paternity leave of:
– 05 working days;
– 07 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 herein must be within the first 30 days after the date of childbirth.
Some special cases to be noted:
– In case only the mother is covered by social insurance or both parents are covered by social insurance but the mother dies in childbirth, the father is entitled to a maternity leave for the remaining period applicable to the mother as specified. In case the mother who is covered by social insurance but does not fully satisfy the conditions specified, dies, the father is entitled to a maternity leave until the child reaches full 6 months.
– The father, who is covered by social insurance but does not take a leave as above, is entitled to not only his salary but also the maternity benefits for the remaining period applicable to the mother.
– In case only the father is covered by social insurance and the mother dies in childbirth or faces a postnatal risk that makes her unable to care for the child, as certified by a competent health establishment, the father is entitled to a maternity leave until the child reaches full 6 months.
>> RIGHTS OF FEMALE EMPLOYEES UPON CHILDBIRTH https://linconlaw.vn/rights-of-female-employees-upon-childbirth/
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Maternity regime of male employees whose wife has given birth
A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.
The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance, the per- diem allowance must equal the monthly allowance divided by 30 days.
Legal basis:
- Labor Code 2019;
- Social Insurance Law 2014.
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