Question: May I ask if the mother dies after giving birth, can the father take maternity leave to take care of the child and for how long? Thank you!
The Law Department - ACDC advises:
Clause 4 and 6, Article 34 of the Law on Social Insurance 2014 stipulates:
“4. In case only the mother is covered by social insurance or both parents are covered by social insurance but the mother dies in childbirth, the father or the direct fosterer is entitled to maternity leave for the remaining period applicable to the mother as specified in Clause 1 of this Article. In case the mother who is covered by social insurance but does not fully satisfy the conditions specified in Clause 2 or 3, Article 31 of this Law, dies, the father or the direct fosterer is entitled to a maternity leave until the child reaches full 6 months.
6. In case only the father is covered by social insurance and the mother dies in childbirth or faces a postnatal risk that makes her unable to care for the child, as certified by a competent health establishment, the father is entitled to a maternity leave until the child reaches full 6 months”
According to the foregoing laws, if the mother dies after giving birth to a child, the father is entitled to maternity leave to care for the children.
The time the father is entitled to take maternity leave in each case is as follows:
- In case both parents participate in social insurance or only the mother participates in social insurance:
+ If the mother is eligible for the maternity regime: The father is entitled to take maternity leave for the rest of the mother's time (According to Clause 1, Article 34 of the Law on Social Insurance 2014, female employees giving birth are entitled to take maternity leave before and after giving birth for 6 months).
- In case only the father participates in social insurance but the mother dies after giving birth: The father is entitled to take maternity leave until the child is fully 6 months old.
