Can a Husband Take Leave to Take His Wife to Give Birth?

According to Clause 2, Article 34 of the 2014 Law on Social Insurance regarding the duration of the policies when having a child, it stipulates:

Male employees who are currently paying social insurance premiums are entitled to maternity policies leave as follows:

- 05 working days;

- 07 working days if the wife gives birth via 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 will be granted for each additional child;

- In the case of twins or more and requiring surgery, the leave is 14 working days.

The duration of leave for maternity policies specified in this clause is counted within the first 30 days from the date the wife gives birth.

Thus, male employees who are currently paying social insurance premiums are entitled to leave when their wife gives birth. However, the leave duration will be counted within the first 30 days from the date of the wife’s childbirth. Therefore, if you take leave before your wife gives birth, you will not be entitled to maternity policies paid by the Social Insurance.

**However, you can negotiate with your company to take unpaid leave to take care of your wife, subject to the company's approval. Afterwards, when your wife gives birth, you will be entitled to the policies as mentioned above.**You can refer to the following article: What maternity policies can male employees participating in Social Insurance enjoy?

Sincerely!