Pursuant to Circular 59/2015 / TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs, the Law on Social Insurance 2014 and documents guiding the implementation and maternity regime for male workers from July 1, 2019 is done as follows:
According to Article 34, the Law on Social Insurance 2014 stipulates the day off for maternity benefits for male employees who are paying social insurance when their wife gives birth, as follows:
For male employees who are paying social insurance with a wife giving birth, within the first 30 days from the date of birth:
– 05 working days if the wife gives birth normally;
– 07 working days when the wife gives birth, the child must have surgery, give birth to children under 32 weeks of age;
– 10 working days in case of twin wives, from birth of three or more, each additional child will be entitled to an additional three working days;
– 14 working days in case the wife has twins or more but must have surgery.
In the case of only a father participating in social insurance whose mother dies after childbirth or is at risk after giving birth without having enough health to take care of the child according to the certification of a competent medical establishment:
– Father is entitled to a day off of absence for maternity benefits until the child is 06 months old.
– In cases where only the mother participates in social insurance or both parents participate in social insurance, but the mother dies after childbirth, the father is entitled to day off the maternity benefit for the remaining time of the mother. If the mother participates in social insurance but is not eligible for benefits and the mother dies after giving birth, the father will be entitled to day off for maternity until the child is 06 months old.
Regulations on the day – off for maternity benefits for men effective from July 1, 2019 have important implications in ensuring the rights of workers not only showing the legality but also the expression of the state’s interest in people’s lives.