Answering questions about maternity leave for men working in communes

Sending a question to the Social Insurance agency, reader D. T asked: "I am working as a commune police officer, my wife works at a bank. On December 1, 2025, my wife gave birth, I would like to ask how many days of leave I am entitled to and for what period of time? ".

Regarding this issue, Vietnam Social Security answers as follows:

Clauses 2 and 3, Article 53 of the 2024 Law on Social Insurance stipulate:

2. Male workers who are participating in compulsory social insurance when their wives give birth are entitled to maternity leave for the following period:

a) 5 working days;

b) 7 working days when the wife gives birth to a child who needs surgery or gives birth to a child under 32 weeks old;

c) In case the wife has twins, she is entitled to 10 working days off. In case there are triplets or more, she is entitled to an additional 3 working days off for each child from the third child onwards;

d) In case a twin wife has surgery, she is entitled to 14 working days off. In case triplets or more have surgery, she is entitled to an additional 3 working days off for each child from the third child onwards.

3. The start date of maternity leave as prescribed in Clause 2 of this Article must be within 60 days from the date the wife gives birth, in case the employee takes leave many times, the start date of the last time must be within the first 60 days from the date the wife gives birth and the total time of maternity leave does not exceed the time prescribed in Clause 2 of this Article".

According to information provided by Mr. T, his wife gave birth on December 1, 2025, so the time for him to take maternity leave is calculated in the period from December 1, 2025 to the end of January 29, 2026 (the start date of maternity leave is within this period).

However, due to the lack of information about the form of birth (common birth, surgical birth, one-child birth or multiple birth), there is not enough basis to accurately determine the specific number of days off.

Mr. T is requested to base on the above regulations to determine his rights.

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