After discharge from hospital, is a person eligible for the sickness benefits in case of being hospitalized for 5 days to undergo a surgery and 5 extra days off at home?
How much are sick leave benefits?
Pursuant to Article 28 of the Law on Social Insurance 2014 of Vietnam on allowance levels of the sickness benefits:
- Employees entitled to the sickness benefits prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.
An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.
- For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:
+ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;
+ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;
+ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.
- For employees entitled to the sickness benefits prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.
- The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.
Enjoying sickness benefits
Convalescence and health rehabilitation after sickness according to the law of Vietnam
Pursuant to Article 29 of the Law on Social Insurance 2014 of Vietnam on convalescence and health rehabilitation after sickness:
- An employee who has taken leave under the sickness benefits for the full number of days in a year prescribed in Article 26 of this Law, but whose health has not yet recovered within 30 days after return to work, is entitled to a leave of between 5 days and 10 days in a year for convalescence and health rehabilitation.
The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period which lasts from the end of a year to the following year shall be counted for the previous year.
- The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union has not yet been set up, specifically as follows:
+ 10 days at most, for employees whose health has not yet recovered after suffering a disease requiring long-term treatment;
+ 7 days at most, for employees whose health has not yet recovered after undergoing an operation;
+ 5 days, in other cases.
- The per-diem allowance for convalescence and health rehabilitation after sickness must equal 30% of the basic salary.
After discharge from hospital, is a person eligible for the sickness benefits in case of being hospitalized for 5 days to undergo a surgery and 5 extra days off at home?
According to our point of view, your wife is still eligible for sickness benefits for 10 days (5 days inpatient and 5 days off at home after surgery). Your wife should discuss with her company to adjust this case or ask her company to contact the social insurance agency for further instructions. Because pursuant to Article 25 and Article 26 of the Law on Social Insurance 2014 of Vietnam:
* Conditions for enjoying the sickness benefits
- Employees who have to take leave due to sickness or accidents other than labor accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.
The sickness regime does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.
- Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
* Period of enjoying the sickness benefits
- The maximum period of enjoying the sickness regime in a year for employees defined at Points a, b, c, d and h, Clause 1, Article 2 of this Law shall be counted in working days, excluding public holidays, New Year holidays and weekends, and is specified as follows:
a) For employees working under normal conditions, this period is 30 days, if they have paid social insurance premiums for under 15 years; 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 60 days, if they have paid social insurance premiums for full 30 years or more;
b) For employees doing heavy, hazardous or dangerous occupations or jobs extremely heavy, hazardous or dangerous occupations or jobs on the list issued by the Ministry of Labor, War Invalids and Social Affairs, or working in areas with a region-based allowance coefficient of 0.7 or higher, this period is 40 days, if they have paid social insurance premiums for under 15 year; 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.
- For employees who take leave due to diseases on the Ministry of Health-issued list of diseases requiring long-term treatment, the period of enjoying the sickness regime is specified as follows:
a/ 180 days at most in a year, including public holidays, New Year holidays and weekends;
b/ If employees still need treatment after the expiration of the period specified at Point a of this Clause, they are entitled to continue enjoying the sickness regime for a shorter period not exceeding the period of social insurance premium payment.
- The period of enjoying the sickness regime for employees defined at Point dd, Clause 1, Article 2 of this Law shall be based on the period of treatment at a competent health establishment.
If the time of social insurance payment is less than 15 years, you will enjoy the sickness benefits of 30 days in a year for the employees working in normal conditions when certified by the hospital.
And the composition of the application to enjoy the sickness benefits must include the discharge note as prescribed in Article 4 of Decision 166/QD-BHXH 2019 of Vietnam, which includes the case: "the discharge note including the physician or medical assistant’s indication to take rest after the inpatient treatment." This time is still counted.
Thư Viện Pháp Luật