How many sick days can an employee in Vietnam take a month off? What is the rate of sickness benefits for employees in 2022?
How many days of sick leave can an employee get in a month?
Pursuant to Article 26 of the Law on Social Insurance 2014 stipulates the sick leave time of employees as follows:
- The maximum period of enjoyment of the sickness regime in one year for employees specified at Points a, b, c, d and h, Clause 1, Article 2 of this Law is calculated by working days excluding public holidays. Tet holidays, weekly rest days and are regulated as follows:
+ Working in normal conditions, they are entitled to 30 days if they have paid social insurance premiums for less than 15 years; 40 days if the payment is from full 15 years to less than 30 years; 60 days if paid for full 30 years or more;
+ Working in heavy, hazardous, dangerous or particularly heavy, hazardous or dangerous occupations or jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or working in a place where there are regional allowances with coefficients of 0.7 or more are entitled to 40 days if they have paid social insurance premiums for less than 15 years; 50 days if the payment is from full 15 years to less than 30 years; 70 days if paid for full 30 years or more.
- Employees who take leave due to illness on the List of diseases requiring long-term treatment issued by the Ministry of Health are entitled to the following sickness benefits:
+ Up to 180 days including public holidays, New Year holidays, weekly rest days;
+ After the expiration of the duration of enjoyment of the sickness regime specified at Point a of this Clause, if he/she continues to receive treatment, he/she shall continue to receive the sickness regime at a lower rate, but the maximum benefit period is equal to the period of payment of social insurance premiums.
- The duration of sickness benefits for employees specified at Point dd, Clause 1, Article 2 of this Law is based on the duration of treatment at a competent medical examination and treatment establishment.
As a rule, there is no specific number of sick days in a month that an employee is entitled to, only calculated according to the number of days off in a year. Therefore, if an employee is sick, he or she can apply for many days off in a month but must not exceed the allowed number of days in a year.
How many sick days can an employee in Vietnam take a month off? What is the rate of sickness benefits for employees in 2022? (Pictures from the internet)
How to calculate sickness benefits for employees?
Pursuant to Article 28 of the Law on Social Insurance 2014 stipulates how to calculate the sickness benefits for employees as follows:
- The employee enjoying the sickness regime as prescribed in Clause 1 and Point a, Clause 2, Article 26 and Article 27 of this Law, the monthly benefit rate is equal to 75% of the salary on which social insurance premiums are based of the preceding month. when on leave.
- In case the employee has just started working or the employee has previously paid social insurance premiums, and then has his/her working time interrupted, he/she must leave work to enjoy the sickness benefits within the first month. If they return to work, the benefit rate is equal to 75% of the salary on which social insurance premiums are based.
- An employee who continues to enjoy the sickness regime specified at Point b, Clause 2, Article 26 of this Law, the benefit level shall be prescribed as follows:
+ Equal to 65% of the salary on which social insurance premiums are based of the month immediately preceding the resignation, if the social insurance premium has been paid for full 30 years or more;
+ Equal to 55% of the salary on which social insurance premiums are based of the month immediately preceding the resignation, if the social insurance premium has been paid for from full 15 years to under 30 years;
+ Equal to 50% of the salary on which social insurance premiums are based of the month immediately preceding the resignation, if the social insurance premium has been paid for less than 15 years.
- An employee who enjoys the sickness regime as prescribed in Clause 3, Article 26 of this Law shall enjoy 100% of the salary on which social insurance premiums are based in the preceding month before leaving work.
- The one-day sickness allowance is calculated by the monthly sickness allowance divided by 24 days.
Procedures for receiving short-term sickness benefits for employees?
To receive short-term sickness benefits, follow these steps:
Step 1: The employee submits the application to the enterprise.
The application includes one of the following documents:
- Being sick and requiring inpatient treatment: A copy of the hospital discharge paper.
- Sickness requiring only outpatient treatment: Original certificate of leave to enjoy social insurance.
Time limit for submission: 45 days from the date the employee returns to work after the period of sickness treatment.
Step 2: The enterprise completes the application and submits it to the social insurance agency where the insurance is being paid
Enterprises make Form No. 01B-HSB and then send this form together with the employee's papers to the social insurance agency.
Deadline for submission: Within 10 days from the date of receipt of the employee's complete application.
Step 3: Social insurance agency settles short-term sickness benefits
- Time limit for settlement: Up to 06 working days from the date the social insurance agency receives the valid dossier.
- Form of receiving money for short-term sickness benefits:
+ Get cash at the business.
+ Receive money transfer via ATM card of employees.
+ Received directly at the social insurance agency.
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