Effective from July 1, 2025, what is the maximum number of days an employee can take off to care for a sick child?
From July 1, 2025, how many maximum days off can an employee take for a sick child?
Based on Article 44 of the Social Insurance Law 2024 which stipulates the period for enjoying policies when caring for a sick child:
Article 44. Period for enjoying policies when caring for a sick child
The period for enjoying policies when caring for a sick child in one year (from January 1 to December 31) is a maximum of 20 days per child if the child is under 03 years old; a maximum of 15 days if the child is from 03 years old to under 07 years old.
If both father and mother participate in compulsory social insurance, the period for enjoying policies when caring for a sick child for each person shall follow the provisions of Clause 1 of this Article.
The period for taking leave to enjoy policies when caring for a sick child as stipulated in this Article is calculated based on working days, excluding public holidays, Tet holidays, and weekly days off.
Thus, an employee caring for a sick child is entitled to a maximum of 20 days off per child if the child is under 03 years old; a maximum of 15 days if the child is from 03 years old to under 07 years old.
From July 1, 2025, how many maximum days off can an employee take for a sick child? (Image from Internet)
What is the sickness allowance rate for an employee caring for a sick child?
Based on Article 45 of the Social Insurance Law 2024 which stipulates the sickness allowance:
Article 45. Sickness allowance
- The sickness allowance rate is calculated on a monthly basis and based on the following:
a) The salary which is the basis for social insurance contributions of the month closest to the month of leave for enjoying sickness policies;
b) The salary which is the basis for social insurance contributions of the first month of participating in social insurance or the month of re-participation if required to take leave for enjoying sickness policies in the first month of participation or re-participation.
The sickness allowance rate for employees as stipulated in Clause 1 of Article 43 and Article 44 of this Law is equal to 75% of the salary which is the basis for social insurance contributions as stipulated in Clause 1 of this Article.
The sickness allowance rate for employees as stipulated in Clause 2 of Article 43 of this Law is calculated as follows:
a) Equal to 65% of the salary which is the basis for social insurance contributions as stipulated in Clause 1 of this Article if they have participated in compulsory social insurance for 30 years or more;
b) Equal to 55% of the salary which is the basis for social insurance contributions as stipulated in Clause 1 of this Article if they have participated in compulsory social insurance for 15 years to under 30 years;
c) Equal to 50% of the salary which is the basis for social insurance contributions as stipulated in Clause 1 of this Article if they have participated in compulsory social insurance for less than 15 years.
[...]
Thus, the sickness allowance rate for an employee caring for a sick child is 75% of the salary which is the basis for social insurance contributions, as follows:
- The salary which is the basis for social insurance contributions of the month closest to the month of leave for enjoying sickness policies- The salary which is the basis for social insurance contributions of the first month of participating in social insurance or the month of re-participation if required to take leave for enjoying sickness policies in the first month of participation or re-participation.
What are the documents required for applying for the sickness allowance for an employee caring for a sick child?
Based on Article 47 of the Social Insurance Law 2024 which stipulates the application for sickness allowance:
Article 47. Application for sickness allowance
- The application for sickness allowance for an employee or the child of an employee receiving inpatient treatment includes the original or a copy of any of the following documents:
a) Hospital discharge certificate;
b) Summary of medical records;
c) Other documents proving the inpatient treatment process.
- The application for sickness allowance for an employee or the child of an employee receiving outpatient treatment includes any of the following documents:
a) Certificate of leave for social insurance;
b) The original or a copy of the hospital discharge certificate indicating the required outpatient treatment period after inpatient treatment;
c) The original or a copy of the summary of medical records indicating the required outpatient treatment period after inpatient treatment.
[...]
Thus, the documents required for applying for the sickness allowance for an employee caring for a sick child include:
[1] For the child of an employee receiving inpatient treatment, the original or a copy of any of the following documents:- Hospital discharge certificate- Summary of medical records- Other documents proving the inpatient treatment process
[2] For the child of an employee receiving outpatient treatment, any of the following documents:- Certificate of leave for social insurance- The original or a copy of the hospital discharge certificate indicating the required outpatient treatment period after inpatient treatment- The original or a copy of the summary of medical records indicating the required outpatient treatment period after inpatient treatment
[3] For the child of an employee receiving medical treatment abroad, the medical treatment documents should include the disease name, treatment period issued by the foreign medical facility and must meet the following requirements:- A Vietnamese translation certified or authenticated in accordance with the law on certification and authentication- Consular legalization, except in cases where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise.
Note: The Social Insurance Law 2024 takes effect from July 1, 2025
