Latest Maternity Benefits For Male Employees

In addition to female employees, male employees whose wives give birth are also entitled to maternity benefits under the law. Male employees participating in compulsory social insurance (SI) are allowed to take leave for a certain period depending on the circumstances of childbirth. This leave is intended to give husbands time to care for their wives and newborns. During the leave, male employees receive allowances based on their SI contribution salary. This policy reflects the State’s recognition of the role and responsibility of fathers in the family.

1. Eligible beneficiaries

• Male employees whose wives give birth.
• Male employees whose wives give birth via surrogacy.
• Male employees undergoing contraceptive procedures at medical facilities.

2. Conditions for entitlement

• The male employee must be participating in compulsory SI at the time his wife gives birth.
• Valid documentation proving childbirth or the contraceptive procedure is required.

3. Paternity leave duration

👉 Case of sterilization procedures: According to Clause 1, Article 57 of the Social Insurance Law 2024, male employees undergoing sterilization are entitled to leave as prescribed by competent medical facilities, with a maximum of 15 days. This period includes public holidays, Tet holidays, and weekly rest days.

👉 Case of wife giving birth: Article 34 of the Social Insurance Law 2024 stipulates that male employees participating in compulsory SI are entitled to maternity leave as follows:

• 05 working days for normal delivery.
• 07 working days if the wife undergoes surgery or gives birth to a child under 32 weeks of gestation.
• 10 working days if the wife gives birth to twins. For triplets or more, an additional 03 working days are granted for each child from the third onwards.
• 14 working days if the wife gives birth to twins by surgery. For triplets or more by surgery, an additional 03 working days are granted for each child from the third onwards.

4. Benefit calculation

According to Article 59 of the Social Insurance Law:

Formula: Benefit = Average monthly SI contribution salary of the 6 months prior to leave ÷ 24 × number of leave days

If the employee has contributed for fewer than 6 months, the average of the actual contribution months will be used.

5. Lump-sum allowance upon childbirth

According to Article 58 of the Social Insurance Law, if the mother does not meet the conditions but the father does, the father is entitled to a lump-sum allowance.

• Lump-sum allowance per child = 2 × Reference salary at the month of childbirth.
• As per Clause 13, Article 141, until the basic salary is abolished, the reference salary equals the basic salary. After abolition, the reference salary must not be lower than the basic salary.

Example: 

Allowance per child = 2 × Basic salary = 2 × 2.34 million VND = 4.68 million VND.

6. Required documents and procedures

• Child’s birth certificate or birth record.
• Medical confirmation of surgery or wife’s health condition (if applicable).
• Application form for maternity benefits submitted to the SI agency via the employer.

✅ Conclusion

Maternity benefits for male employees under the Social Insurance Law 2024 mark an important step forward in social welfare policy. They provide fathers with time to care for their wives and children, contributing to family happiness and a more equitable society.

For consultation support, please contact TPM specialists: 

Ms. Đỗ Thị Thu Quỳnh – Head of HR & Payroll Services 

📧 quynh.do@tpm.com.vn

Reference: 

Social Insurance Law No. 41/2024/QH15 dated June 29, 2024