Question:
A male worker (single) has been employed at the company since September 2019 and has been participating in social insurance according to the law.
Starting from January 2021, the male worker wishes to adopt a child (expected birth date December 23, 2021) after completing all adoption procedures locally.
We would like the consulting unit to address the case of the male worker as described:
Is he eligible for maternity allowance?
If eligible, what is the entitlement?
What documents need to be provided?
Answer:
– The Social Insurance Law 2014 stipulates the conditions for receiving maternity allowance for male workers adopting children. To be eligible, the male worker must have been contributing to social insurance for a minimum of 6 months within the 12 months prior to adopting the child.
– The allowance amount is calculated by multiplying the average social insurance contribution for the 6 consecutive months prior to taking leave by 100%, and then multiplying it by the number of months of leave taken to care for the adopted child.
– In addition, male workers who adopt children under 6 months old are entitled to a one-time allowance for each child, which is twice the base salary for the month of adoption.
=> If the aforementioned conditions are met, the male worker needs to submit the Certificate of Adoption to the company to initiate the process of applying for the maternity allowance through the relevant Social Insurance agency.”
Question:
In the upcoming period, our company will have an employee going on maternity leave, with an expected duration from 24/07/2018 to 23/01/2019. The total duration is 183 days. Therefore, when calculating the maternity leave period as the basis for the employee’s entitlement, will the Social Insurance agency round up to 6 months (183 days) or 180 days?
Answer:
– According to the provisions of the Social Insurance Law, the maternity leave benefits include allowances calculated on a daily basis (such as prenatal check-ups, maternity leave for male employees with a wife giving birth) and allowances calculated on a monthly basis (maternity leave for female employees giving birth). When giving birth, if female employees meet the conditions as specified, they will be entitled to take a 6-month maternity leave.
– Since the same software and form C70a-HD are used for the approval of sick leave, maternity leave, and health recovery leave, Column 6 of the form indicates the total number of days off. Usually, this is shown as 183 days. However, when calculating the maternity allowance, the Social Insurance agency only considers the average salary multiplied by the 6 months of maternity leave. They do not use the average salary multiplied by 180 days or 183 days.
Question:
Our company has a female employee who, after completing her maternity leave period, took an additional 1-month leave (22 working days). During this period, she used 18 days of her annual leave, and these 18 days were paid her regular salary. I would like to ask whether both the employee and the company are required to contribute to the three mandatory insurances for that month?
Answer:
– Based on Point 1.7, Clause 1, Article 38 of Decision No. 959/QD-BHXH dated 09/9/2015 of the Vietnam Social Insurance, which provides regulations on the management of social insurance, health insurance, unemployment insurance; management of social insurance books, health insurance cards, it is stipulated that employees who do not work or do not receive salary for 14 or more working days in a month are not required to contribute to social insurance, except in cases of maternity leave.
– In accordance with the above regulation, in the case of an employee taking a 1-month leave (22 working days), including the use of 18 days of annual leave with full salary payment, the employee falls under the category of mandatory participation in social insurance, health insurance, and unemployment insurance.
Question:
According to the current Social Insurance Law, can a husband receive social insurance benefits when his wife gives birth? However, we are unclear about the details of the following situations:
1. In cases where only the husband participates in Social Insurance (BHXH), what benefits is the husband eligible to receive from BHXH?
2. In cases where both the wife and husband participate in Social Insurance (BHXH), in addition to the benefits provided for the wife, what benefits is the husband entitled to receive from BHXH?
Answer:
1. In the case where the wife does not participate in social insurance (BHXH), and the husband does, the husband is eligible to receive maternity allowance under the following conditions:
Maternity Allowance for the wife giving birth:
– Conditions: Male employees must have contributed to social insurance for a minimum of 6 months within the 12 months before their wife gives birth (similar to the conditions for female employees receiving maternity allowance).
– Amount: The allowance is equal to 2 months of the basic salary in the month of childbirth.
Male employees who are contributing to social insurance can take maternity leave to care for their wife when she gives birth as follows:
– Conditions: Male employees must be participating in social insurance.
– Number of days of leave to care for the wife:
a) 05 working days;
b) 07 working days when the wife undergoes surgery for childbirth, or gives birth before 32 weeks of pregnancy;
c) In the case of twins, male employees can take 10 working days of leave, and for triplets or more, an additional 03 working days per child can be taken;
d) In the case of twins or more where surgical intervention is required, 14 working days of leave can be taken.
– The period of maternity leave to care for the wife is calculated within the first 30 days from the day of childbirth.
– Procedure: Male employees need to submit a certified copy of the child’s birth certificate to their employing unit where they are contributing to social insurance.
2. In the case where both the wife and husband participate in social insurance (BHXH), the husband is only eligible to receive maternity allowance under the following conditions:
Male employees who are contributing to social insurance can take maternity leave to care for their wife when she gives birth as described in point 1 above.
The content above is based on the current Law on Social Insurance. Please note that specific interpretations of legal texts may require professional legal consultation.
