Are contract teachers whose wives give birth entitled to maternity benefits?

GD&TĐ - Readers asked about regulations on male maternity benefits.

I am a contract teacher, paying social insurance (SI) for 36 months. On April 1, 2025, I quit my job and stopped paying SI. Now that my wife has given birth, am I entitled to maternity benefits? Nguyen Van Dan (vandan***@gmail.com)

* Reply:

According to Article 31 of the 2014 Law on Social Insurance, employees are entitled to maternity benefits in one of the following cases: Pregnant female employees; Female employees giving birth; Female employees being surrogate mothers and mothers who request surrogacy; Employees adopting children under 6 months old; Female employees using IUDs, employees undergoing sterilization; Male employees paying social insurance whose wives give birth.

Employees specified in Points b, c and d, Clause 1 of this Article must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child. Employees specified in Point b, Clause 1 of this Article who have paid social insurance for at least 12 months and must take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility must pay social insurance for at least 3 months within 12 months before giving birth.

Employees who meet the conditions specified in Clauses 2 and 3 of this Article and terminate their labor contract, work contract or quit their job before giving birth or adopting a child under 6 months old are still entitled to maternity benefits as prescribed in Articles 34, 36, 38 and Clause 1, Article 39 of this Law.

According to the provisions of Point e, Clause 1, Article 31 of the 2014 Law on Social Insurance, the conditions for enjoying maternity benefits for male workers are: Male workers who are paying compulsory social insurance have wives giving birth.

According to your letter, you quit your job from April 1, 2025 and do not continue to pay compulsory social insurance, so according to the above regulations, if your wife gives birth, you are not eligible for maternity benefits.

For any questions or concerns about policies for teachers, please send them to the section: Readers' mailbox - Education & Times Newspaper: 15, Hai Ba Trung (Hoan Kiem, Hanoi).

Email: bandocgdtd@gmail.com

Source: https://giaoducthoidai.vn/giao-vien-hop-dong-co-vo-sinh-con-co-duoc-huong-che-do-thai-san-post742790.html