According to the latest Circular No 06/2021/TT-BLDTBXH issued on July 7th, 2021, the Ministry of Labor, War Invalids and Social Affairs amended detailed regulations and guidance for the implementation of a number of articles of the law regarding social insurance. In particular, there are three notable new points about maternity benefits for male and female workers as follows:
(i) Clarifying the case of receiving a one-time allowance upon childbirth for male workers
According to Clause 5, Article 1 of Circular 06/2021/TT-BLDTBXH, Point c, Clause 2, Article 9 of Circular 59/2015/TT-BLDTBXH is amended as follows: “In cases where the mother participates in social insurance and she is not eligible for benefits but the father meets all the conditions specified at Point a, Clause 2, Article 9 of Circular 59/2015/TT-BLDTBXH at the time of childbirth, the father is entitled to a one-time allowance upon childbirth according to Article 38 of the Law on Social Insurance.”
The Regulation at Point a, Clause 2, Article 9 of Circular 59/2015/TT-BLDTTXH, states, “in case only the father participates in social insurance, the father must fully pay the social insurance premiums at least 06 months within 12 months before childbirth.”
Previously, male workers were only entitled to a one-time allowance when their wives did not participate in social insurance. When the new regulations take effect, male workers will be entitled to a one-time allowance even if both the husband and wife participate in compulsory social insurance but the wife is not eligible for maternity benefits.
(ii) Male workers are entitled to maternity leave
From September 1st, 2021, male workers may take maternity leave according to the provisions of Clause 2, Article 34 of the Law on Social Insurance. In case of multiple leave, the most recent leave taken must still be within 30 days from the date of childbirth and the total period of maternity leave must not exceed the prescribed time.
Therefore, the period of maternity leave for male workers who are paying social insurance can be divided into several flexible times within the first 30 days after the date of childbirth, as follows:
a/ 5 working days;
b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant after the second;
d/ 14 working days, in case their wives give birth to twins or more infants and underwent an operation during childbirth.
(iii) Twin pregnancy is entitled to maternity benefits according the number of children born
This new regulation helps female workers receive additional benefits when having a dead or stillborn child.
Specifically, Clause 6, Article 1 Circular 06/2021/TT-BLDTBXH, Clause 3, Article 10 of Circular 59/2015/TT-BLDTBXH has been amended as follows: “In case a female employee is pregnant with twins or more, then her children die before birth or are stillborn, the period of maternity leave and allowance upon childbirth and the one-time allowance upon childbirth shall be calculated according to the number of children born, including all stillborn and dead children.”
Thus, the previous regulation on pregnant employees with twins whose children die before birth or are stillborn, dispensing maternity benefits according to the surviving children, has been amended in the new circular. Employees who are pregnant with twins whose children die or are stillborn can receive maternity benefits based on the number of children born, including stillbirths and deaths.
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