Maternity leave for men when their wives give birth

Male employees who are paying social insurance when their wives give birth are entitled to maternity leave. This regulation is applied from January 1, 2016.

Maternity benefits for men whose wives give birth are stipulated in Clause 2, Article 34 of the Law on Social Insurance 2014 and will take effect from January 1, 2016.

Accordingly, male employees who are paying social insurance when their wives give birth are entitled to maternity leave as follows:

05 working days; 07 working days when the wife gives birth by surgery or gives birth before 32 weeks; In case the wife gives birth to twins, the father is entitled to 10 working days off, from triplets onwards, each additional child is entitled to 03 working days off; In case the wife gives birth to twins or more and has to have surgery, the father is entitled to 14 working days off.

The maternity leave period prescribed in this clause is calculated within the first 30 days from the date the wife gives birth.

The maternity leave for female employees before and after giving birth is 06 months. In case of female employees giving birth to twins or more, from the second child onwards, for each child, the mother is entitled to an additional 01 month of leave.

The maximum maternity leave period before birth is no more than 02 months.

In case after giving birth, if the child under 2 months old dies, the mother is entitled to 4 months off work from the date of birth; if the child 2 months old or older dies, the mother is entitled to 2 months off work from the date of death, but the time off work to enjoy maternity benefits must not exceed the time specified in Clause 1 of this Article; this time is not counted as personal leave according to the provisions of the law on labor.

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 leave to enjoy maternity benefits for the remaining time of the mother as prescribed in Clause 1 of this Article. In case the mother participates in social insurance but does not meet the conditions prescribed in Clause 2 or Clause 3 of Article 31 of this Law and dies, the father or the person directly raising the child is entitled to take leave to enjoy maternity benefits until the child is 6 months old.

In case the father or the direct caregiver participates in social insurance but does not take leave as prescribed in Clause 4 of this Article, 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.

Maternity leave includes holidays, Tet holidays, and weekly days off./.

According to VOV.VN