Husband entitled to maternity benefits when wife gives birth
The maternity regime is implemented according to the 2024 Law on Social Insurance with many new points in terms of both time, benefit level, and allowances.
Based on Article 50 of the 2024 Law on Social Insurance, male workers who are participating in social insurance (BHXH) are required to enjoy maternity benefits when their wives give birth or their surrogate wives give birth.
According to regulations, maternity benefits are applied to many subjects, including male workers participating in compulsory social insurance who have wives giving birth. This is a point that clearly affirms the rights of the husband, not only female workers are entitled to maternity benefits.
The law also stipulates social insurance contribution conditions for some cases of maternity benefits such as female workers giving birth, surrogacy, and adopting children under 6 months old. However, for male workers whose wives give birth, the law does not set conditions on the minimum social insurance contribution period, only needing to be participating in compulsory social insurance at the time of wife's birth.
In addition, in cases where employees are eligible for maternity benefits but terminate their labor contracts before giving birth, they are still entitled to benefits according to regulations. The maternity leave period is not counted as the time to pay social insurance.
Wife gives birth to twins, how many days is the husband off work?
Regarding the time of leave to enjoy maternity benefits for male workers when their wives give birth, Article 53 of the 2024 Law on Social Insurance specifically stipulates:
Male workers are entitled to 5 working days off when their wives give birth to a normal child.
7 working days off if the wife gives birth to a child who requires surgery or gives birth to a child under 32 weeks old.
In the case of twin wives, male workers are entitled to 10 working days off. If they give birth to three or more children, they are entitled to 3 working days off for each child from the third child onwards.
In case twin wives have surgery, male workers are entitled to 14 working days off. If they give birth to three or more and have surgery, they are also entitled to 3 working days off for each child from the third child onwards.
Thus, in the case of a twin wife, the husband who is participating in compulsory social insurance is entitled to a leave of 10 to 14 working days, depending on whether it is a natural birth or a cesarean section.
Supplementing new regulations from July 1, 2026
Notably, from July 1, 2026, point c, clause 2, Article 53 of the 2024 Law on Social Insurance is amended and supplemented according to the 2025 Population Law. Accordingly, the law adds cases where male workers whose wives have a second child are also entitled to 10 working days off, even if they are not twins.
This new regulation is expected to increase benefits for male workers, contributing to encouraging the sharing of childcare responsibilities in the family.
