Vietnam: In what case will cadres, civil servants, public employees, and employees have the period of enjoying the sickness benefits equal to the period of social insurance premium payment?
- In what case will cadres, civil servants, public employees, and employees in Vietnam have the period of enjoying the sickness benefits equal to the period of social insurance premium payment?
- What are the allowance levels of sickness benefits in case the period of enjoying the sickness benefits is equal to the period of social insurance premium payment?
- Does the period of enjoying the sickness benefits of cadres, civil servants, public employees, and employees in Vietnam include public holidays and days off?
In what case will cadres, civil servants, public employees, and employees in Vietnam have the period of enjoying the sickness benefits equal to the period of social insurance premium payment?
Pursuant to the provisions of Article 26 of the Law on Social Insurance 2014 on the period of enjoying the sickness benefits in Vietnam as follows:
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 years; 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.
Thus, according to point b, clause 2, Article 26 of the Law on Social Insurance 2014, if cadres, civil servants, public employees, and employees in Vietnam still need treatment after the expiration of the period of enjoying the sickness benefits, they are entitled to continue enjoying the sickness benefits for a shorter period not exceeding the period of social insurance premium payment.
In this case, cadres, civil servants, public employees, and employees are still entitled to sickness benefits but at a lower allowance level.
What are the allowance levels of sickness benefits in case the period of enjoying the sickness benefits is equal to the period of social insurance premium payment?
Pursuant to the provisions of Clause 2, Article 28 of the Law on Social Insurance 2014 as follows:
Allowance levels of the sickness benefits
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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.
Thus, the allowance levels of sickness benefits in case the period of enjoying the sickness benefits is equal to the period of social insurance premium payment are:
- 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.
- 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;
- 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;
Accordingly, the per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.
Does the period of enjoying the sickness benefits of cadres, civil servants, public employees, and employees in Vietnam include public holidays and days off?
Pursuant to Article 26 of the Law on Social Insurance 2014, the period of enjoying the sickness benefits of cadres, civil servants, public employees, and employees in Vietnam is calculated as follows:
- Include public holidays, Tet holidays, and weekends in case cadres, civil servants, public employees or employees resign because of suffering a disease requiring long-term treatment;
- Do not include public holidays, Tet holidays, or weekends in the following cases:
+ Cadres, civil servants, public employees, and employees resign under normal working conditions;
+ Cadres, civil servants, public employees, and employees resign in case of doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs, or having full 15 years working in areas with a region-based allowance coefficient of 0.7 or higher.
+ Cadres, civil servants, public employees, and employees resign when their children are sick.
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