My wife is a stay-at-home mom, so she doesn’t pay insurance, and I’ve paid compulsory social insurance continuously since 2015 until now. (Van Tuan)
It is expected that in mid-June, my wife will give birth to a baby. May I ask if I am entitled to “diaper money”?
Advisory lawyer
According to Article 38 of the Law on Social Insurance 2014, in case of giving birth to a child but only the father participates in social insurance, the father is entitled to a lump-sum allowance equal to twice the base salary in the month of childbirth for each child (actually, many people often refer to this allowance as “diaper money”).
Thus, if your wife gives birth in June 2022, you will be entitled to a one-time allowance equal to twice the base salary (currently, twice the base salary is VND 2,980,000, according to Clause 2, Article 3 of Decree No. 38/2019/ND-CP) for each child.
At the same time, based on Clause 2, Article 34 of the Law on Social Insurance 2014, male employees who are paying social insurance premiums when their wives give birth to children are entitled to maternity leave as follows:
– 5 business days.
– 7 working days when the wife gives birth to a child requiring surgery or gives birth to a child under 32 weeks old.
– In case the wife gives birth to twins, she is entitled to 10 working days off, from the birth of triplets or more, for each additional child, she is entitled to an additional 03 working days.
– In case the wife has twins or more and has to have surgery, she is entitled to 14 working days off.
The time off from work to enjoy the maternity regime specified above is calculated within the first 30 days from the date the wife gives birth to a child.
Lawyer Pham Thanh Huu
Ho Chi Minh City Bar Association
at Blogtuan.info – Source: vnexpress.net – Read the original article here
