How many sickness leave days do employees who have paid social insurance premiums for less than 15 years in Vietnam get?
How many sickness leave days do employees who have paid social insurance premiums for less than 15 years in Vietnam get?
Under Article 26 of the Law on Social Insurance 2014:
Period of enjoying the sickness benefits
1. The maximum period of enjoying the sickness benefits 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.
2. 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 benefits 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 benefits for a shorter period not exceeding the period of social insurance premium payment.
3. The period of enjoying the sickness benefits 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.
According to the above regulation, the number of sickness leave days for employees who have paid social insurance premiums for less than 15 years in Vietnam is divided into two cases as follows:
- For employees working under normal conditions:
Paying social insurance premiums for less than 15 years: The sickness leave period is 30 days.
- 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:
Paying social insurance premiums for less than 15 years: The sickness leave period is 40 days.
How many sickness leave days do employees who have paid social insurance premiums for less than 15 years in Vietnam get?
What are the allowance levels of sickness benefits for employees working under normal conditions in Vietnam?
Under Article 28 of the Law on Social Insurance 2014:
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.
2. For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:
a/ 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;
b/ 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;
c/ 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.
3. 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.
4. The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.
Thus, employees working under normal conditions and entitled to sickness benefits, 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.
What are the conditions for enjoying the sickness benefits in Vietnam?
Under Article 25 of the Law on Social Insurance 2014:
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 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.
2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
According to the above regulation, employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment, or who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment shall be entitled to sickness benefits.
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