Time for husband to take maternity leave when wife gives birth, according to the new Law on Social Insurance

Thùy Linh |

From July 1, the Social Insurance Law 2024 officially took effect, bringing a series of new benefits to employees.

How many days off for husband and wife if they have children?

According to Article 53 of the Law on Social Insurance (SI), male employees participating in compulsory social insurance when their wife gives birth are entitled to maternity leave for the following periods: 5 working days if the wife gives birth naturally; 7 working days if the wife gives birth by cesarean section or gives birth under 32 weeks old;

10 working days if the wife gives birth to twins; From birth to three or more children, 3 more days off for each child from the third child; 14 working days if the wife gives birth to twins and has to undergo surgery; three or more children with surgery are also added similarly.

The effective date of maternity leave (including the case of employees taking multiple leave) must be within 60 days from the date the wife gives birth. The total leave period must not exceed the prescribed level.

One-time allowance at birth for each child is equal to 2 times the reference level

From July 1, 2025, the one-time allowance when giving birth is calculated at 2 times the reference level at the time of birth. Currently, the reference level is equivalent to the basic salary of 2.34 million VND/month, meaning the child support is about 4.68 million VND/child.

Article 60 on after-maternity health care and recovery, the benefit level for 1 day of rest and recovery after pregnancy is 30% of the reference level.

Paying voluntary social insurance can also enjoy maternity benefits

The 2024 Social Insurance Law has added maternity benefits to the voluntary social insurance policy for all participants.

Accordingly, Article 94 of the Social Insurance Law 2024 stipulates that female workers who give birth or male workers whose wives give birth are entitled to maternity benefits if they participate in voluntary social insurance for at least 6 months out of 12 months before giving birth. The maternity allowance is 2 million VND for each child born.

If both husband and wife are eligible, only 1 person will receive maternity benefits.

Thùy Linh
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