Can employees be entitled to the sickness benefits due to an accident during the time of annual leave in Vietnam?

Can employees be entitled to the sickness benefits due to an accident during the time of annual leave in Vietnam?

In Article 4 of Circular 59/2015/TT-BLDTBXH, it is stipulated as follows:

1. The maximum period to enjoy the sickness benefits in a year specified in Clause 1, Article 26 of the Law on social insurance is calculated based on the working days, excluding public holidays, New Year holidays and weekends according to the laws on labor. This period of time is calculated from 01/01 to 31/12 of the solar year, regardless of the time of participation in social insurance of the employees.

Ex 1: Mr.D is a garment employee working in shift. He has his weekend as follows: the week from 04/01/2016 to 10/01/2016 on Wednesday on 06/01/2016, the week from 11/01/2016 to 17/01/2016 on Friday on 15/01/2016. Due to his sickness, Mr.D must take sick leave for treatment from 07/01/2016 to 17/01/2016.

The time to enjoy Mr.D’s sickness benefits is calculated from 07/01/2016 to 17/01/2016 as 10 days (excluding 01 weekend as Friday of 15/01/2016).

2. The identification of employees’ working under heavy, hazardous or dangerous or particularly heavy, hazardous or dangerous occupation or job specified in the list promulgated by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health or working in regions with regional allowance coefficient of 0.7 or higher to calculate the maximum time to enjoye the sickness benefits in a year is based on the occupation or job and working place of the employees at the point of time they have disease or accident.

Ex 2: Ms A has 13 years of compulsory social insurance payment and work in normal conditions; from 01/2016 to 9/2016, Ms A takes leave and enjoys her sickness benefits for 30 days in full. In 10/2016, Ms A assumed a heavy, hazardous or dangerous occupation. On 25/10/2016, Ms A took sick leave of 07 working days.

At the time of sick leave (10/2016), Ms A’s occupation is heavy, hazardous or dangerous, therefore the time of leave to enjoy the maximum sickness benefits of Ms A is 40 days, calculated from 25/10/2016, Ms A took her sick leave to enjoy her sickness benefits of 30 days in 2016, so her sick leave of 07 days due to sickness is entitled to sickness benefits.

Ex 3: Ms B has the social insurance payment for 10 years for her heavy, hazardous or dangerous job; from 01/2016 to 8/2016, she takes leave to enjoy her sickness benefits of 37 days; from 9/2016, Ms B assumed a job in a normal condition. On 26/9/2016, Ms B took sick leave of 03 working days.

At the time of sick leave (9/2016), Ms B worked in normal condition so the time of leave to enjoy the sickness benefits in a year of Ms B is 30 days; at that point of time, Ms B enjoyed her sickness benefits of 37 days in 2016, so Ms B shall not be entitled to sickness benefits from 26/9/2016.

3. The time to enjoy the sickness benefits for the employees who take leave due to their disease included in the List of diseases with required long-term treatment issued by the Ministry of Health specified in Clause 2, Article 26 of the Law on social insurance and is guided as follows:

Where the employees have enjoyed 180 days but continue their treatment, they shall enjoy the further sick benefits with lower level but the time for maximum continued entitlement is equal to the time of compulsory social insurance payment.

Ex 4: Ms Nguyen Thi A has a period of compulsory social insurance payment for 03 months and suffers from a disease specified in the list of diseases with required long-term treatment. The time to enjoy her maximum sickness benefits is as follows:

- A maximum of 180 days including the public holidays, New Year holidays and weekends;

- Where after the duration of 180 days has been enjoyed but still continuing the treatment, the employees shall continue the enjoy the sickness benefits but at lower level but a maximum of entitlement is equal to 03 months.

Therefore, the maximum time of leave to enjoy the sickness benefits of Ms A is 180 days and 03 months.

Ex 5: Mr B has a period of compulsory social insurance payment for 01 year and and suffers from a disease specified in the list of diseases with required long-term treatment. Mr.B has enjoyed the first 180 days, then continues his treatment and shall enjoy his sickness benefits at lower level but 01 year at most.

After stable treatment, Mr B returns to his work and has the social insurance payment for 02 years and continues his sick leave for treatment of disease (included in the List of diseases with required long-term treatment). Therefore, the time for leave fo enjoy the maximum sickness benefits of this time of treatment of Mr B will be 180 days and 3 years (the time of social insurance payment to calculate the time of maximum entitlement after the end of 180 leave days is the total time of social insurance payment).

4. Where the employees have disease or accident which is not the work accident during the time of annual leave, personal leave or unpaid leave as stipulated by law, then the time of sickness or accident coincided with the time of annual leave, personal leave or upaid leave shall not be entitled to the sickness benefits; the time of leave due to sickness or accident in addition to the time of annual leave, personal leave or unpaid leave is entitled to the sickness benefits as stipulated.

5. Where the employees have the time of leave to enjoy the sickness benefits from the end of previous year forwarded to the beginning of the next year, the time of leave to enjoy the sickness benefits of any year shall be included in the time of entitlement to sickness benefits of such year.

Thus, with the information you provide along with the above-mentioned legal grounds, your brother's time of treatment due to an accident during the time of annual leave will not be entitled to sickness benefits in Vietnam.

What is period of enjoying the sickness benefits in Vietnam?

Pursuant to Article 26 of the Law on Social Insurance 2014 stipulating 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 this Article, depending on the conditions and circumstances of the job you are doing and suffering from an illness, the duration of sickness benefits will be according to the above provisions for each case in Vietnam.

Best Regards!