According to the Hanoi Social Insurance Agency, according to current legal regulations, maternity benefits are available to both male and female employees participating in compulsory social insurance. However, due to lack of understanding, many units and businesses have not yet fully implemented this policy for male employees, and many male employees themselves have not proactively requested to enjoy the benefits.
Conditions for maternity benefits for male employees
Article 31 of the 2014 Law on Social Insurance stipulates the conditions for enjoying maternity benefits for male employees.
Accordingly, male workers are eligible for maternity benefits when they fall into one of the following cases: Adopting a child under 6 months old; undergoing sterilization; or male workers who are paying social insurance and have a wife giving birth.
Maternity leave for male employees
Clause 2, Clause 4, Clause 5, Clause 6, Article 34, Article 36, Article 37 of the Law on Social Insurance 2014 stipulates the period of maternity benefits for male employees who are paying social insurance when their wives give birth.
Specifically the cases are as follows:
When wife gives birth
- Wife gives birth normally: 5 working days off.
- Wife has to have surgery to give birth, gives birth under 32 weeks: 7 working days off.
- If the wife gives birth to twins, the husband gets 10 working days off.
In case the wife gives birth to three or more children, the husband is entitled to 3 more working days off for each additional child.
- Wife gives birth to twins or more and has to have surgery: 14 working days off.
The maternity leave period of male employees is calculated within the first 30 days from the date the wife gives birth.
After the wife gave birth
- In case only the mother participates in social insurance or both the father and mother participate in social insurance and the mother dies after giving birth, the father or the person directly raising the child is entitled to take maternity leave for the remaining time of the mother according to the provisions of Clause 1, Article 34 of the Law on Social Insurance 2014.
In case the mother participates in social insurance but does not meet the conditions specified in Clause 2 or Clause 3, Article 31 of the Law on Social Insurance 2014 and dies, the father or the person directly raising the child is entitled to take maternity leave until the child is 6 months old.
- In case the father or the direct caregiver participates in social insurance but does not take leave from work as prescribed in Clause 4, Article 34 of the Law on Social Insurance 2014, in addition to salary, he/she is also entitled to maternity benefits for the remaining time of the mother as prescribed in Clause 1 of this Article.
- In case only the father participates in social insurance and the mother dies after giving birth or has an accident after giving birth and is no longer healthy enough to take care of the child as confirmed by a competent medical examination and treatment facility, the father is entitled to take maternity leave until the child is 6 months old.
Workers adopt children
Employees who adopt a child under 6 months old are entitled to maternity leave until the child is 6 months old.
In case both father and mother participate in social insurance and meet the conditions for maternity benefits as prescribed in Clause 2, Article 31 of the Law on Social Insurance 2014, only the father or mother is entitled to take leave to enjoy the benefits.
Workers performing sterilization measures
When taking contraceptive measures, employees are entitled to maternity benefits as prescribed by competent medical examination and treatment facilities. The maximum leave period is 15 days for employees taking sterilization measures.
The maternity leave period of male employees in this case includes holidays, Tet holidays, and weekly days off.
Maternity benefits for male employees
Article 38, Clause 1, Article 39 of the 2014 Law on Social Insurance stipulates the level of maternity benefits for male employees.
Specifically as follows:
Monthly maternity benefits
Benefit level = 100% X Average monthly social insurance contribution level X Number of days off.
In there:
- The average monthly salary for social insurance payment for 6 months or more is the average monthly salary for social insurance payment for the 6 months before taking maternity leave.
- In case the employee has paid social insurance for less than 6 months, the maternity benefit level is the average monthly salary of the months of social insurance payment.
Maternity benefit per day
- In case there is no odd day
Maternity benefit per day = Maternity benefit per month/24 days.
- In case of odd days or cases specified in Article 33 and Article 37 of the Social Insurance Law 2014
Maternity benefit per day = Monthly benefit/30 days
In case of maternity benefits for adoption = average monthly salary of the months for which social insurance has been paid.
Maternity leave of 14 working days or more in a month is considered social insurance payment period; employees and employers do not have to pay social insurance.
One-time allowance for childbirth or adoption
In the case where only the father participates in social insurance, the father must have paid social insurance for at least 6 months within 12 months before the child's birth.
The husband of the surrogate mother must pay social insurance for at least 6 months within 12 months up to the time of receiving the child.
One-time allowance level = Basic salary in the month of adoption X 2.
Minh Hoa (t/h according to Hanoi Moi, Health and Life)
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