How does a husband get maternity benefits when his wife gives birth?

VAN LAM(Tu Ky)

Reply:According to Clause 2, Article 34, Article 38, 39 of the Law on Social Insurance (SI); Clause 2, Article 9 of Circular 59/2015 and Clause 5, Clause 7, Article 1 of Circular 06/2021 of the Ministry of Labor, War Invalids and Social Affairs, the condition for enjoying maternity benefits for men when their wives give birth is "currently paying social insurance".

Depending on each case, your maternity leave will be calculated as follows:

- 5 working days.

- 7 working days when wife gives birth by cesarean section or gives birth before 32 weeks of age.

- In case the wife gives birth to twins, she is entitled to 10 working days off, from triplets onwards, each additional child is entitled to 3 working days off.

- In case the wife gives birth to twins or more and has to have surgery, she is entitled to 14 working days off.

The time off work to enjoy maternity benefits is calculated within the first 30 days from the date the wife gives birth. In case the male employee takes multiple leaves, the start time of the last leave must still be within the first 30 days from the date the wife gives birth and the total time off work to enjoy maternity benefits must not exceed the prescribed time.

Thus, as long as you are paying social insurance at the time your wife gives birth, you can take maternity leave and the leave period will be determined according to the above regulations.