Proposal to Amend Convalescence Benefits for Sickness, Resolution for Sickness Benefits
Proposal on conditions to enjoy sickness policies?
Based on Article 46 of the Draft Law on Social Insurance Amendment, the conditions to enjoy sickness policies are as follows:
- The employee must take leave due to illness or accidental injury and have confirmation from a qualified medical examination and treatment facility as stipulated by the Ministry of Health.
- Must take leave to care for a sick child under 7 years old and have confirmation from a qualified medical examination and treatment facility.
- Employees are not entitled to sickness policies in the following cases:
+ Self-inflicted injury, use of narcotics, or precursor substances according to the list prescribed by the Government of Vietnam;
+ First-time treatment leave due to occupational accident or occupational disease;
+ During annual leave, personal leave, unpaid leave, suspension from work according to labor law regulations; maternity leave as prescribed by the law on social insurance.
Proposal to change the level of health recovery benefits for sickness policies, how to resolve the enjoyment of sickness policies? (Image from the Internet)
Proposal to change the level of health recovery benefits for sickness policies?
Based on Article 50 of the Draft Law on Social Insurance Amendment, regulations on health recovery policies after sickness are as follows:
- Employees who have taken leave to enjoy sickness policies for 30 days or more in a year, within the first 30 days from the end of enjoying sickness policies, if their health has not yet recovered, are entitled to a maximum of 10 days of health recovery leave in a year. Currently, Article 29 of the Law on Social Insurance 2014 stipulates the duration of health recovery leave from 5 to 10 days in a year.
+ The health recovery leave period includes public holidays, Tet holidays, and weekly rest days.
+ In cases where the health recovery leave period spans from the end of one year to the beginning of the next year, that period shall be counted for the previous year.
- The number of health recovery leave days is determined by the employer and the executive committee of the grassroots trade union. If the employer has no grassroots trade union, the employer decides. The proposed number of health recovery leave days is as follows:
+ A maximum of 10 days for employees whose health has not recovered after a long-term illness treatment;
+ A maximum of 7 days for employees whose health has not recovered after surgery;
+ A maximum of 5 days for other cases. Currently, point c clause 2 Article 29 of the Law on Social Insurance 2014 stipulates 5 days.
- The health recovery benefit per day after sickness is 540,000 VND. Currently, clause 3 Article 29 of the Law on Social Insurance 2014 stipulates the health recovery benefit after sickness per day is 30% of the statutory pay rate.
The health recovery benefit per day after sickness is adjusted based on the consumer price index as prescribed by the Government of Vietnam.
Proposal on documents for enjoying sickness policies in case of inpatient treatment?
Based on clause 1 Article 51 of the Draft Law on Social Insurance Amendment, regulations on documents for enjoying sickness policies in case of inpatient treatment are as follows:
- The original or a copy of the discharge certificate of the employee or the employee's child under 7 years old.
- In case the patient is referred to another medical facility during inpatient treatment, replace it with the original or a copy of the Referral Certificate.
- In case the patient dies at the medical facility, replace it with the original or a copy of the Death Certificate.
Proposal on resolving the enjoyment of sickness policies?
Based on Article 52 of the Draft Law on Social Insurance Amendment, regulations on resolving the enjoyment of sickness policies are as follows:
- Employees are responsible for submitting the documents stipulated in Article 51 of this Law to the employer within 45 days from the date they return to work.
- Within 10 working days from the date of receiving complete documents from the employee, the employer is responsible for preparing the documents stipulated in Article 51 of this Law and submitting them to the social insurance agency.
- Within 10 working days from the date of receiving complete documents as prescribed from the employer, the social insurance agency must resolve and organize payment for the employee.
- In case the social insurance agency does not resolve, it must provide a written response and state the reasons.
See the full Draft Law on Social Insurance Amendment: Here.
LawNet