Question: I heard that from July 1, when a wife gives birth, the husband is entitled to maternity leave, but I don't know the specific level now. If the wife is a surrogate mother, is the father entitled to maternity leave?
Nguyen Van Hung ( Nghe An )
Answer : With the goal of continuously improving the social security system, the Social Insurance Law 2024, effective from July 1, 2025, has brought many breakthrough regulations on maternity regime. These changes not only expand the rights of female workers but also strengthen the role of husbands.
Accordingly, maternity policy has changed for male workers when their wives give birth and they pay both compulsory and voluntary social insurance.
In the compulsory social insurance sector, the policy extends the maternity leave period for male employees to 60 days from the date of birth of the child, instead of 30 days as before. Employees can take multiple days off as long as the total number of days off does not exceed the regulations and the last leave is within the first 60 days after the birth of the child.
The number of days off remains the same, specifically: 5 working days if the wife gives birth naturally; 7 working days if the wife has a cesarean section or gives birth before 32 weeks; 10 working days if the wife gives birth to twins, in case of triplets or more, an additional 3 working days off for each child from the third child onwards; 14 days if the wife gives birth to twins by cesarean section.
In case of triplets or more having to have surgery, men are entitled to an additional 3 working days off for each child, starting from the third child onwards.
In addition, the amended Law on Social Insurance also stipulates that the beneficiaries of maternity benefits are male workers participating in compulsory social insurance whose wives give birth or whose wives are surrogate mothers. Meanwhile, the Law on Social Insurance 2014 only stipulates that male workers participating in social insurance whose wives give birth are entitled to maternity benefits.
The maternity allowance is 2 million VND for each child born, paid by the state budget. Depending on the period, the Government adjusts the maternity allowance to suit socio-economic conditions and budget capacity.
In case only the mother pays social insurance and unfortunately passes away after giving birth, the father or the person directly raising the child will receive this allowance. If both the father and mother pay social insurance, only one of them will receive maternity allowance.
In case an employee is eligible for maternity benefits in the voluntary sector and is also eligible for maternity benefits under compulsory social insurance, he/she will be entitled to benefits in the compulsory sector.
If the mother is eligible for compulsory social insurance maternity benefits and the father is eligible for voluntary social insurance maternity benefits, whoever participates in which area will enjoy the policy of that area and vice versa.
Thus, from July 1, men whose wives are surrogate mothers will also enjoy maternity benefits.
Ms. Nguyen Thi Ngoc (Social Insurance expert, Hanoi )
Source: https://khoahocdoisong.vn/vo-mang-thai-ho-sinh-con-chong-co-huong-che-do-thai-san-post1552193.html
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