From July 1, 2025, what are maternity benefits for male employees whose wives give birth in Vietnam under the Law on Social Insurance 2024?
From July 1, 2025, what are maternity benefits for male employees whose wives give birth in Vietnam under the Law on Social Insurance 2024?
Based on Article 53 of the Law on Social Insurance 2024, male employees participating in compulsory social insurance are entitled to paternity leave when their wives give birth, with the duration as follows:
- 05 working days;
- 07 working days when the wife undergoes surgery or gives birth to a child under 32 weeks of age;
- In the case of twins, the leave is 10 working days. For triplets or more, an additional 03 working days per child from the third child onward;
- In the case of twins and the wife undergoes surgery, the leave is 14 working days. For triplets or more requiring surgery, an additional 03 working days per child from the third child onward.
* The start date for the paternity leave must be within 60 days from the date the wife gives birth. If the employee takes multiple leaves, the start date of the last leave must be within the initial 60 days from the date the wife gives birth, and the total leave duration must not exceed the abovementioned periods.
| Currently, according to Clause 2, Article 34 of the Law on Social Insurance 2014, the paternity leave policies for husbands when their wives give birth are as follows: Male employees participating in social insurance are entitled to paternity leave when their wives give birth: - 05 working days; - 07 working days when the wife undergoes surgery, or gives birth to a child under 32 weeks of age; - In the case of twins, the leave is 10 working days, for triplets or more, an additional 03 working days per child; - In the case of twins or more requiring surgery, the leave is 14 working days. * The paternity leave duration must be within the initial 30 days from the date the wife gives birth. |
Thus, compared to the current policy, starting from January 1, 2025, an additional regulation specifies that when the wife gives birth to triplets or more requiring surgery, the husband is entitled to an additional 03 working days per child from the third child onward.
Furthermore, the paternity leave duration is extended to within 60 days from the date the wife gives birth, instead of the initial 30 days as currently.
Additionally, in cases where the employee takes multiple leaves, the start date of the last leave must be within the initial 60 days from the date the wife gives birth, and the total leave duration must not exceed the stated periods.
From July 1, 2025, what are maternity benefits for male employees whose wives give birth in Vietnam under the Law on Social Insurance 2024? (Internet image)
What Are the Maternity Benefits in Vietnam from July 1, 2025?
Based on Article 59 of the Law on Social Insurance 2024 the maternity benefits are specified as follows:
(1) The monthly maternity benefit for employees as stipulated in Articles 51, 52, 53, 54, 55, 56, and 57 of the Law on Social Insurance 2024 is 100% of the average salary used as the basis for compulsory social insurance contributions for the 06 months preceding the leave to enjoy maternity policies.
For employees who have not contributed to compulsory social insurance for 06 months, the maternity benefits as stipulated in Article 51, Article 52, Clauses 2, 5, 6, and 7 of Article 53, Clauses 1, 2, and 4 of Article 54, Clause 2 of Article 55, and Article 57 of Law on Social Insurance 2024 is calculated based on the average salary used as the basis for compulsory social insurance contributions of the months already contributed.
(2) The daily maternity benefit in cases stipulated in Article 51 and Clause 2 of Article 53 of the Law on Social Insurance 2024 is calculated by dividing the monthly maternity benefit by 24 days.
(3) The maternity benefit for childbirth, adoption of a child under 06 months, or receiving a child through surrogacy is calculated according to the maternity benefits in (1). In cases of odd days or stipulated in Articles 52 and 57 of the Law on Social Insurance 2024, the daily benefit is calculated by dividing the monthly maternity benefit by 30 days.
(4) The maternity benefits of surrogate mothers and mothers using surrogacy are implemented according to the provisions in (1), (2), and (3) and are based on the average salary used as the basis for compulsory social insurance contributions before the leave to enjoy maternity policies of the surrogate mother or the mother using surrogacy.
What is the maternity leave period for prenatal checks-up in Vietnam from July 1, 2025?
Based on Article 51 of the Law on Social Insurance 2024, the duration of maternity leave for prenatal checkups is as follows:
- Pregnant female employees are entitled to maternity leave for up to 05 prenatal checkups, each not exceeding 02 days.
- The maternity leave duration for prenatal checkups is counted in working days, excluding holidays, festivals, and weekends.
The Law on Social Insurance 2024 comes into effect from July 1, 2025.
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