Latest regulations on male teachers' leave when their wives give birth

Circular 05/2025 regulating the working regime for general education and university preparatory teachers, effective from April 22, is receiving much attention when emphasizing the content of maternity leave for male teachers when their wives give birth. Specifically, Clause 3, Article 6 of this Circular stipulates the maternity leave regime for male teachers when their wives give birth as follows:

- In case a male teacher is given maternity leave when his wife gives birth according to the provisions of the Law on Social Insurance, during the maternity leave, the male teacher is considered to have taught enough teaching hours according to regulations and does not have to make up for it.

- In case the male teacher's maternity leave when his wife gives birth coincides with the summer vacation, he will not be allowed to take compensatory leave.

Thus, from April 22, during the maternity leave when the wife gives birth according to regulations, male teachers are still counted as teaching enough hours and do not have to make up for it. At the same time, if the maternity leave when the wife gives birth of a male teacher coincides with the summer vacation, he will not be allowed to take compensatory leave.

According to Clause 2, Article 34 of the Law on Social Insurance 2014, the maternity leave for male employees who are paying social insurance and enjoying maternity benefits when their wives give birth is 5 working days. If the wife has to have a surgery or gives birth before 32 weeks, the leave is 7 working days.

In addition, if the wife gives birth to twins, the male teacher will take 10 working days off, and if the wife gives birth to 3 or more children, the male teacher will take 3 more working days off for each additional child. In particular, if the wife gives birth to twins or more and has to have surgery, the male teacher will take 14 working days off.

The maternity leave period of male teachers will be calculated within the first 30 days from the date the wife gives birth.

Teachers' annual leave

Article 6, Circular 05/2025 stipulates the annual leave time of teachers as follows:

• Summer vacation for preschool and primary school teachers is 8 weeks (including annual leave);
• Time off for holidays, Tet and other holidays according to the provisions of the Labor Code and the Law on Social Insurance;
• Based on the school year plan, scale, characteristics, and specific conditions of each school, the principal arranges teachers' annual leave appropriately, in accordance with regulations, ensuring the school year time frame.

The summer vacation and maternity leave of teachers are regulated as follows.

• Maternity leave is 6 months as prescribed;
• Summer vacation outside of maternity leave (before or after maternity leave);
• In case the summer vacation is less than the annual vacation days prescribed by the Labor Code, teachers are entitled to additional days off. The total number of additional vacation days and the number of vacation days are applied according to the Labor Code. Additional vacation time is flexibly arranged according to the agreement between the teacher and the principal.

In addition, the annual leave of the principal and vice principal includes: summer vacation; holidays, Tet and other holidays according to the provisions of the Labor Code and the Law on Social Insurance.

The summer vacation of the principal and vice principal is flexibly arranged during the school year and during the summer vacation of teachers to ensure that school activities take place normally and that work tasks convened by management agencies at all levels are completed (if any).

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Source: https://vtcnews.vn/giao-vien-co-duoc-huong-luong-khi-nghi-he-khong-ar937422.html