How many days off does a husband get when his wife gives birth?

This is new content mentioned in the Social Insurance Law 2014 (effective from January 1, 2016). Male workers who are paying social insurance and have a wife giving birth are entitled to maternity policies. To be specific:

According to Clause 2, Article 34 of the Social Insurance Law 2014:

"2. Male workers who are paying social insurance when their wives give birth are entitled to maternity policies as follows:

a) 05 working days;

b) 07 working days if the wife undergoes surgery, or the child is born before 32 weeks of gestation;

c) In case of twins, the male worker is entitled to 10 working days off; for triplets or more, an additional 03 working days off for each additional child;

d) In case of twins or more requiring surgery, the male worker is entitled to 14 working days off.

The period of maternity leave specified in this clause is calculated within 30 days from the date the wife gives birth."

Thus, when the wife gives birth, the husband will be entitled to leave from 05 days to 14 days. To be specific:

- If the wife gives birth naturally, the husband will be entitled to 5 working days off. In case the wife undergoes surgery or the child is born before 32 weeks of gestation, the husband will be entitled to 7 working days off;- In case of twins, the husband will be entitled to 10 working days off; for triplets or more, 3 additional working days off for each additional child;- In case of twins or more requiring surgery, the husband is entitled to 14 working days off.

Maternity Benefit Levels

According to point b, clause 1, Article 39 of the Social Insurance Law 2014, the daily maternity benefit for male workers is calculated by dividing the monthly maternity benefit by 24 days.

At the same time, according to Article 38 of the Social Insurance Law 2014 regarding lump-sum allowance upon childbirth: "Female workers giving birth or workers adopting a child under 6 months old are entitled to a one-time allowance for each child equal to 2 times the statutory pay rate of the month in which the female worker gives birth or the worker adopts the child.

In case of childbirth but only the father participates in social insurance, the father is entitled to a one-time allowance equal to 2 times the statutory pay rate of the month of childbirth for each child."

In case the wife gives birth on or after January 1, 2016, but only the husband participates in social insurance, he is entitled to a one-time allowance equal to 2 times the statutory pay rate of the month of childbirth for each child.

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