In what cases is the husband entitled to a one-time allowance when his wife gives birth?
(Baonghean.vn) - According to the 2014 Law on Social Insurance of Vietnam, when giving birth and the mother is not eligible for maternity benefits, the father is entitled to a one-time allowance when meeting the following conditions:
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Clause 2, Article 34 and Section b, Clause 1, Article 39 of the Law on Social Insurance stipulate that male employees who are paying social insurance when their wives give birth are entitled to take 5, 7, 10 or 14 days of maternity leave depending on the form of childbirth or the number of children born.
The maternity leave period is calculated within 30 days from the date the wife gives birth. The daily benefit is calculated by dividing the monthly maternity benefit by 24 days.
In Article 38 of the 2014 Law on Social Insurance, Clause 2, Article 9 of Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance and Point c, Clause 2 of Official Dispatch No. 3432/LDTBXH-BHXH dated September 8, 2016 of the Ministry of Labor, War Invalids and Social Affairs on the implementation of the social insurance regime under the 2014 Law on Social Insurance stipulates:
In case the mother gives birth but does not meet the conditions for maternity benefits or only the father participates in social insurance and the father has paid social insurance for 6 months or more in the 12 months before the wife gives birth, the father is entitled to a one-time allowance equal to 2 times the basic salary in the month of birth for each child.
Subjects of maternity benefits are employees specified in Points a, b, c, d, dd and h, Clause 1, Article 2 of the Law on Social Insurance 2014.
The maternity benefit file is stipulated in Article 101 of the Law on Social Insurance for the case of male employees taking leave when their wives give birth, they must have a copy of the Birth Certificate or a copy of the child's Birth Certificate and a Confirmation from the medical facility in the case of cesarean section or giving birth under 32 weeks of age.
