According to the law in Vietnam, how many days off is a mother entitled to when her child is sick? What are conditions for employees taking leave to take care of their sick children to enjoy the sickness benefits in Vietnam?

According to the law in Vietnam, how many days off is a mother entitled to when her child is sick?

Pursuant to Article 27 of the Law on Social Insurance in 2014 stipulating leave period upon sickness of children:

Leave period upon sickness of children

1. 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.

2. 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.

As regulated above, when a child is sick, a mother is entitled to a maximum of 20 working days off if the child is under 3 years old. For children aged 3 to under 7 years old, the mother is entitled to a maximum of 15 working days off.

According to the law in Vietnam, how many days off is a mother entitled to when her child is sick? What are conditions for employees taking leave to take care of their sick children to enjoy the sickness benefits in Vietnam? - image from internet

What are conditions for employees taking leave to take care of their sick children to enjoy the sickness benefits in Vietnam?

Pursuant to Clause 1 Article 3 of the Circular 59/2015/TT-BLDTBXH stipulating conditions to enjoy the sickness benefits:

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.

2. The employees are not entitled to sickness benefits in the following cases::

a) The employees have disease or accident and must take sick leave due to self-infliction, drunkenness or abuse of drug or drug precursor under the List issued with Decree No. 82/2013/ND-CP 19/07/ 2013 of the Government issuing the list of drug and drug precursor and Decree No. 126/2015/ND-CP dated 09/12/2015 of the Government amending and adding the list of drug and drug precursor issued with Decree No. 82/2013/ND-CP dated 19/7/2013 of the Government issuing the list of drug and drug precursor.

b) The employees take sick leave for the first treatment due to work accident or occupational disease.

c) The employees have disease or accident which is not work accident during their annual leave, personal leave, unpaid leave as prescribed by labor law; maternity leave under the law on social insurance.

As regulated above, conditions for employees taking leave to take care of their sick children to enjoy the sickness benefits in Vietnam are as follows:

- Sick children are under 07 years of age;

- There is certification of the competent medical facility.

What is the allowance level of the sickness benefit for employees taking leave to take care of their sick children in Vietnam?

Pursuant to Article 28 of the Law on Social Insurance in 2014 stipulating allowance levels of the sickness benefits:

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.

As regulated above, the entitlement for sick leave benefits for employees when their child is sick is 75% of the social insurance premium paid in the preceding month before taking leave.

If the employee is newly employed or has a history of interrupted work and has previously contributed to social insurance, they are still eligible for sick leave benefits at 75% of the social insurance premium paid in the respective month.

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