Sending a question to Vietnam Social Insurance, reader M.D.M said: "I have paid social insurance for 36 months. On April 1, 2025, I quit my job and did not continue to pay social insurance. May I ask, now that my wife has a child, am I entitled to male maternity benefits? ".
Regarding this issue, Vietnam Social Security responds as follows:
According to Point e, Clause 1, Article 31 of the Law on Social Insurance 2014, the conditions for enjoying maternity benefits for male employees are: Male employees who are paying compulsory social insurance have a wife giving birth.
Compared with the regulations, he will retire from April 1, 2025 and will not continue to pay compulsory social insurance, so if his wife gives birth, he is not eligible for maternity benefits.
If the husband does not quit when the wife gives birth, will he receive maternity benefits?
According to regulations, the social insurance regime is stipulated as a guarantee to replace or partially compensate for employees' income when they have reduced or lost income due to illness, maternity, work accidents, occupational diseases, retirement age or death.
Therefore, if he continues to work normally when his wife gives birth, the male employee will still be paid by the company according to the work agreed upon in the labor contract, that is, he will not lose or have to reduce his income from salary due to the event of his wife giving birth.
Therefore, if he does not take time off to take care of his wife and children, the male employee will not be paid maternity benefits.
Time off work to enjoy the regime:
- 05 working days for normal birth of 1 child;
- 07 working days when the wife gives birth and has to have surgery or give birth under 32 weeks old;
- 10 working days for twins, from birth, each child will have 3 more working days off, up to a maximum of 14 working days
- In case the wife of a twin or more needs surgery, she will have 14 working days off.
- The period of enjoying the regime does not include holidays, Tet, and weekly leave
