Shall the employees who take leave to take care of their sick children enjoy the sickness benefits in Vietnam?
Shall the employees who take leave to take care of their sick children enjoy the sickness benefits in Vietnam?
Pursuant to Clause 1, Article 3, Circular 59/2015/TT-BLDTBXH stipulates conditions for enjoying sickness benefits as follows:
Conditions to enjoy the sickness benefits
1. The employees specified under Points a, b, c, d, dd, Clause 1 and Point b, Clause 2, Article 2 of Decree No. 115/2015/ND-CP shall enjoy the sickness benefits in the following cases:
a) The employees have disease or accident which is not work accident or treatment of injury or disease recurred due to work accident, occupational disease and must take sick leave with certification from the competent medical facility as regulated by the Ministry of Health.
b) The employees must take leave to take care of their sick children under 07 years of age with certification of the competent medical facility.
c) Female employees return to their work befire the expiration of maternity leave subject to one of the case specified under Point a and b of this Clause.
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Accordingly, the employees must take leave to take care of their sick children shall enjoy the sickness benefits in the following cases:
- Sick children under 07 years of age;
- Confirmed by certification of the competent medical facility.
Shall the employees who take leave to take care of their sick children enjoy the sickness benefits in Vietnam?
What are the leave period upon sickness of children for parents in Vietnam?
Pursuant to Article 27 of the Law on Social Insurance 2014, the leave period upon sickness of children is stipulated 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.
What are the instructions for calculating the time to enjoy the benefits upon child’s sickness in Vietnam?
Pursuant to Article 5 of Circular 59/2015/TT-BLDTBXH, regulations on the time to enjoy the benefits upon child’s sickness are as follows:
Time to enjoy the benefits upon child’s sickness
1. The maximum time to enjoy the benefits upon child’s sickness in a year for each child specified in Clause 1, Article 27 of the Law on social insurance is calculated according to the working day regardless of prescribed public holidays, New Year holidays or weekends. This period of time is calculated from 01/01 to 31/12 of the solar year, regarless of the employees’ starting time of participation of social insurance.
a) In case of the same time, the employees have 02 children or more under 07 years of age who are sick, the time to enjoy the benefits upon child’s sickness is calculated by the actual time the employees leave their work to take care of their children. The maximum time the employees can take their leave for each child is specified in Clause 1, Article 27 of the Law on social insurance.
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b) Where both parents participate in social insurance, depending on the condition of each person to alternate their leave to take care of their children. The maximum time to enjoy the benefits in a year of a father or mother for each child is specified in Clause 1, Article 27 of the Law on social insurance.
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c) Where both parents participate in the compulsory social insurance and take leave to take care of their sick child, both parents shall be entitled to the benefits upon their child’s sickness. The maximum time to enjoy the benefits upon child’s sickness in a year of a father or mother for each child is specified in Clause 1, Article 27 of the Law on social insurance.
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Accordingly, the time to enjoy the benefits upon child’s sickness in a year for each child is calculated as follows:
- The employees have 02 children or more under 07 years of age who are sick:
The time to enjoy the benefits upon child’s sickness is calculated by the actual time the employees leave their work to take care of their children. The maximum time the employees can take their leave for each child is:
+ 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.
- Where both parents participate in social insurance:
The maximum time to enjoy the benefits upon child’s sickness in a year of a father or mother for each child is:
+ 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.
- Where both parents participate in the compulsory social insurance and take leave to take care of their sick child, both parents shall be entitled to the benefits upon their child’s sickness.
The maximum time to enjoy the benefits upon child’s sickness in a year is:
+ 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.
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