Maternity benefits are only for people participating in compulsory social insurance (Illustration: Son Nguyen).
Ms. Binh is scheduled to give birth in December 2024, but because she is worried about her baby, she decided to quit her job early. Therefore, she knows for sure that in the 12 months before giving birth, she will not have paid the required 6 months of social insurance.
Ms. Binh asked: "If I pay voluntary social insurance now, will I be entitled to maternity benefits in December?"
Mr. Diep had paid compulsory social insurance from 2017 to 2021. After that, Diep quit his job and started paying voluntary social insurance from April 2023 to present. Mr. Diep's wife is pregnant and is expected to give birth in June 2024.
Mr. Diep asked: "In this case, am I entitled to maternity benefits for a husband whose wife gives birth?"
According to Vietnam Social Security, the conditions for enjoying maternity benefits are stipulated in Clauses 1 and 2, Article 31 of the 2014 Social Security Law.
Based on the above regulations, Vietnam Social Security said that Ms. Binh's case is a voluntary social insurance participant so she is not entitled to maternity benefits.
"To enjoy maternity benefits, you need to participate in compulsory social insurance for at least 6 months within 12 months before giving birth," Vietnam Social Security stated.
Regarding maternity benefits for male employees when their wives give birth, Vietnam Social Security said it is stipulated in Clause 2, Article 34 of the 2014 Social Insurance Law.
Accordingly, male employees who are paying social insurance when their wives give birth are entitled to take 5 working days off to enjoy maternity benefits.
In case the wife has to have a cesarean section or gives birth before 32 weeks, she is entitled to 7 working days of maternity leave.
In case of twins, the wife is entitled to 10 working days off, from triplets onwards, each additional child is entitled to 3 working days off.
In case the wife gives birth to twins or more and has to have surgery, she is entitled to 14 working days off.
Vietnam Social Security said: "Thus, according to the above regulations, male employees who are paying compulsory social insurance and whose wives give birth will be entitled to maternity benefits."
However, in Mr. Diep's case, at the time his wife gave birth (June 2024), he was participating in voluntary social insurance, so he was not eligible for maternity benefits.
Source: https://dantri.com.vn/an-sinh/moi-mang-thai-thi-nghi-viec-dong-bhxh-tu-nguyen-co-duoc-huong-thai-san-20240522151411471.htm
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