Are employees working in normal conditions entitled to sickness benefits in Vietnam when they have to take leave for caring for sick 5-year-old children?
- Who is covered by the sickness benefits?
- Is an employee who has to take leave for caring for a sick 5-year-old child entitled to sickness benefits in Vietnam?
- How long is the leave period for an employee who has to take leave for caring for a sick 5-year-old child?
- How much are the allowance levels of the sickness benefits for employees who have to take leave for caring for sick 5-year-old children?
Who is covered by the sickness benefits?
According to Article 24 of the 2014 Law on Social Insurance in Vietnam stipulating coverage of the sickness benefits as follows:
Coverage of the sickness benefits
The sickness benefits covers employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.
The sickness benefits covers employees defined at Clause 1, Article 2 of the 2014 Law on Social Insurance in Vietnam as follows:
Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:
- Persons working under indefinite-term employment contracts, definite-term employment contracts, seasonal employment contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also employment contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Persons working under employment contracts with a term of between full 1 month and under 3 months;
- Cadres, civil servants and public employees;
- Defense workers, public security workers and persons doing other jobs in cipher organizations;
- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
- Salaried managers of enterprises and cooperatives.
Are employees working in normal conditions entitled to sickness benefits in Vietnam when they have to take leave for caring for sick 5-year-old children? (Image from the Internet)
Is an employee who has to take leave for caring for a sick 5-year-old child entitled to sickness benefits in Vietnam?
Pursuant to Article 25 of the 2014 Law on Social Insurance in Vietnam stipulating the conditions for enjoying the sickness benefits as follows:
Conditions for enjoying the sickness benefits
1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.
The sickness benefits do 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.
2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
Thus, employees who have to take leave for caring for a sick 5-year-old child, with the certification of a competent health establishment are entitled to the sickness benefits.
How long is the leave period for an employee who has to take leave for caring for a sick 5-year-old child?
Pursuant to Article 27 of the 2014 Law on Social Insurance in Vietnam stipulating the leave period upon sickness of children as follows:
Leave period upon sickness of children
1. The leave period upon sickness of a child in a year shall be calculated based the number of days of care for the sick child, which must not exceed 20 working days, if the child is under 3 years old, or must not exceed 15 working days, if the child is between full 3 years and under 7 years old.
2. When both parents are covered by social insurance, the leave period of the father or mother upon sickness of a child must be as stipulated in Clause 1 of this Article.
The leave period upon sickness of children specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.
Thus, the leave period upon sickness of children is as follows:
- The leave period upon sickness of a child in a year shall be calculated based the number of days of care for the sick child, which must not exceed 20 working days, if the child is under 3 years old, or must not exceed 15 working days, if the child is between full 3 years and under 7 years old.
- When both parents are covered by social insurance, the leave period of the father or mother upon sickness of a child must be as stipulated in Clause 1 of this Article.
The leave period upon sickness of children specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.
How much are the allowance levels of the sickness benefits for employees who have to take leave for caring for sick 5-year-old children?
According to Clause 1, Article 28 of the 2014 Law on Social Insurance in Vietnam on the allowance levels of the sickness benefits as follows:
Allowance levels of the sickness benefits
1. 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.
Thus, the allowance levels of the sickness benefits for employees who have to take leave for caring for sick 5-year-old children are regulated as above.
LawNet