Question: In case both parents are participating in social insurance but the mother dies after giving birth but the father does not quit, will he be entitled to maternity benefits? Thank you!
The Law Department - ACDC advises:
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.
5. The father or the direct fosterer who is covered by social insurance but does not take a leave under Clause 4 of this Article is entitled to not only his/her salary but also the maternity regime for the remaining period applicable to the mother as specified in Clause 1 of this Article.”
Following the above provisions, in case both parents participate in social insurance but the mother dies after giving birth, even if the father does not quit his job, he is still entitled to the maternity regime.
The time and level of maternity benefits of the father, in this case, shall comply with the provisions of Point dd, Clause 2, Article 10 of Circular No. 59/2015/TT-BLDTBXH of the Minister of Labor, War Invalids and Social Affairs. as follows:
- Maternity benefit period:
+ In case the mother participating in social insurance is eligible to enjoy the maternity regime: Enjoy the maternity regime for the remaining time of the mother.
+ In case the mother participates in social insurance but is not eligible for the maternity regime: The mother is entitled to the maternity regime until the child is fully 06 months old.
- The rate of maternity benefits is calculated based on the average monthly salary on which the social insurance premium is paid for the 6 months before the mother's leave of absence to enjoy the maternity regime.
