VI Maternity leave has always been one of the most important and humane pillars of the social security system, directly affecting the rights of millions of female workers as well as the human resource plans of businesses. From July 1, 2026, groundbreaking adjustments to maternity leave will officially take effect, bringing a new approach to optimizing healthcare benefits for mothers and children, while promoting gender equality in sharing family responsibilities. Timely updating these new points not only helps employees proactively protect their legitimate rights, but also helps the human resources departments of businesses proactively plan their operations, avoiding legal risks and labor disputes arising from the application of old regulations. Let’s explore the key changes to maternity leave after July 1, 2026, with Pham Consult.
- Eligibility and Conditions for Maternity Benefits
- Eligible for Maternity Benefits
According to Clause 1, Article 50 of the 2024 Social Insurance Law, employees subject to mandatory social insurance contributions as stipulated in points a, b, c, d, i, k, l, m, and n of Clause 1 and Clause 2, Article 2 of this Law are entitled to maternity benefits in one of the following cases:
(i) Female employees who are pregnant.
(ii) Female employees who give birth.
(iii) Female employees who are surrogates.
(iv) Female employees who use surrogacy services.
(v) Employees who adopt children under 6 months old.
(vi) Employees who use contraceptive methods that are performed at medical examination and treatment facilities.
(vii) Male employees participating in compulsory social insurance whose wives give birth or whose wives give birth through surrogacy.
- Conditions for receiving maternity benefits
The conditions for receiving maternity benefits are stipulated in Article 50 of the Social Insurance Law 2024, specifically as follows:
(i) Female employees giving birth; female employees acting as surrogate mothers, female employees using surrogate mothers, and employees adopting children under 6 months old: must have paid social insurance contributions for at least 6 months in the 12 consecutive months before giving birth or adopting a child.
(ii) Female employees giving birth; female employees acting as surrogate mothers who have paid compulsory social insurance contributions for at least 12 months and who, during pregnancy, must take leave for prenatal care as prescribed by a competent medical facility, must have paid compulsory social insurance contributions for at least 3 months in the 12 consecutive months before giving birth.
(iii) Female workers who give birth after having previously taken leave for infertility treatment are entitled to maternity benefits if they have paid mandatory social insurance contributions for at least 6 months within the 24 months immediately preceding childbirth.
Note:
– The 12 or 24 months immediately preceding childbirth or adoption are determined as follows:
+ If childbirth, adoption through surrogacy, or adoption occurs before the 15th of the month, that month is not included in the 12 or 24 months prior to childbirth or adoption.
+ If childbirth or adoption occurs from the 15th onwards of the month and social insurance contributions were paid in that month, that month is included in the 12 or 24 months prior to childbirth or adoption. In cases where social insurance contributions are not paid, the principle is the same as for births before the 15th (i.e., not counted).
– If an employee terminates their employment contract, work contract, or resigns before giving birth or adopting a child (through surrogacy or adoption of a child under 6 months old) and has paid sufficient social insurance contributions according to the above conditions, they are still entitled to maternity benefits as prescribed. The period of maternity leave is not counted as time contributing to social insurance.
- New Regulations on Maternity Leave from July 1, 2026
- For Female Workers
From July 1, 2026, there will be significant changes to the maternity leave period for female workers. One of the highlights is that for the second child, female workers are entitled to 7 months of maternity leave before and after childbirth (instead of 6 months as before).
Specifically, according to Clause 1, Article 29 of the 2025 Population Law, effective from July 1, 2026, amending and supplementing Clause 1, Article 139 of the 2019 Labor Code, the maternity leave period from July 1, 2026, for female workers is as follows:
– Female workers are entitled to 6 months of maternity leave before and after childbirth; in the case of a second child, female workers are entitled to 7 months of maternity leave before and after childbirth; the time off before childbirth shall not exceed 2 months.
– In the case of a female worker giving birth to twins or more, starting from the second child onwards, for each additional child, the mother is entitled to an additional 1 month of leave.
1.2. For male workers:
From July 1, 2026, the case of a wife giving birth to a second child has been added, in which case male workers are entitled to 10 working days of leave (instead of 5 working days as before).
According to Clause 2, Article 29 of the amended Population Law 2025, supplementing Clause 2, Article 53 of the Social Insurance Law 2024, from July 1, 2026, male workers participating in compulsory social insurance are entitled to maternity leave when their wives give birth, with the following durations:
(i) 5 working days.
(ii) 7 working days when the wife gives birth via surgery or gives birth to a child under 32 weeks old.
(iii) In case the wife gives birth to twins or the wife gives birth to a second child, she is entitled to 10 working days off.
In case of giving birth to triplets or more, you are entitled to an additional 03 working days off for each child from the third child onwards.
(iv) In case the wife has to have surgery to give birth to twins, she is entitled to 14 working days off. In case triplets or more require surgery, you will be entitled to an additional 3 working days off for each child from the third child onwards.
