From July 1, 2025, are employees taking half-day sick leave in Vietnam eligible to receive allowance?
From July 1, 2025, are employees taking half-day sick leave in Vietnam eligible to receive allowance?
Based on Article 45 of the 2024 Social Insurance Law regulating sick leave allowances:
Sick Leave Allowance
...
- The sick leave allowance for one day is calculated by dividing the monthly sick leave allowance by 24 days. The sick leave allowance for half a day is calculated as half of the sick leave allowance for one day.
When calculating the sick leave allowance for employees who take sick leave not for a full day, if the leave is less than half a day, it is calculated as half a day; from half a day to less than a day, it is calculated as one day.
...
According to the above regulation, from July 1, 2025, if an employee takes half a day off for sick leave, they will still receive a sick leave allowance. The sick leave allowance for half a day is calculated as half of the sick leave allowance for one day.
If an employee takes leave for less than half a day, it is calculated as half a day; from half a day to less than a day, it is calculated as one day.
From July 1, 2025, are employees taking half-day sick leave in Vietnam eligible to receive allowance? (Image from the Internet)
What are the conditions for employees to be entitled to sick leave policies in Vietnam?
Based on Article 42 of the 2024 Social Insurance Law regulating the subjects and conditions for receiving sick leave policies:
Subjects and conditions for receiving sick leave policies
- The subjects specified at points a, b, c, d, i, k, l, m, and n of clause 1 and clause 2 of Article 2 of this Law are entitled to sick leave policies when taking leave in one of the following cases, except for the case specified in clause 2 of this Article:
a) Treatment for diseases that are not occupational diseases;
b) Treatment for accidents that are not workplace accidents;
c) Treatment for accidents that occur while traveling from home to the workplace or vice versa on legally acceptable routes and within reasonable time according to the laws on occupational safety and hygiene;
d) Treatment, functional recovery when injuries or illnesses recur due to workplace accidents, occupational diseases, or accidents specified at point c of this clause;
dd) Donation, collection, transplantation of human tissues, organs as per the law;
e) Caring for a child under 7 years old who is sick.
...
Thus, employees are entitled to sick leave policies when they meet the following conditions:
[1] Belong to the following categories:
- Employees working under indefinite-term labor contracts, definite-term labor contracts lasting at least one month, including cases where employees and employers agree under different names but involving paid employment, wages, and management, supervision by one party
- Officials and public employees
- Defense and security force workers
- Officers, professional soldiers of the People's Army; officers, non-commissioned officers on professional or technical work in the People's Police; persons engaged in cryptographic work receiving salaries like military personnel
- Managers of enterprises, auditors, representatives of state capital or enterprise capital according to the law; members of the Board of Directors, General Directors, Directors, members of the Board of Supervisors or auditors, and other elected managerial positions of cooperatives, unions of cooperatives, as per the Law on Cooperatives and receive wages
- Non-specialized workers at the commune, village, or residential group level
- Employees working under indefinite-term labor contracts, definite-term labor contracts lasting at least one month, including cases where employees and employers agree under different names but involving paid employment, wages, and management, supervision by one party working part-time, with monthly wages equal to or higher than the compulsory social insurance based compensation
- Business household owners with registered business per the Government of Vietnam
- Managers of enterprises, auditors, representatives of state capital or enterprise capital as per the law; members of the Board of Directors, General Directors, Directors, members of the Board of Supervisors or auditors, and other elected managerial positions of cooperatives, unions of cooperatives, without wage
- Foreign employees working in Vietnam subject to compulsory social insurance when working under a definite-term labor contract lasting at least 12 months with employers in Vietnam, except for the following cases:
+ Internal transfers within the enterprise according to the laws on foreign employees working in Vietnam
+ At the time of signing the labor contract, already of retirement age
+ International agreements to which the Socialist Republic of Vietnam is a member provide otherwise.
[2] The employee takes leave in one of the following cases:
- Treatment for diseases that are not occupational diseases
- Treatment for accidents that are not workplace accidents
- Treatment for accidents that occur while traveling from home to the workplace or vice versa on legally acceptable routes and within reasonable time according to the laws on occupational safety and hygiene
- Treatment, functional recovery when injuries or illnesses recur due to workplace accidents, occupational diseases, or accidents that occur while traveling from home to the workplace or vice versa on legally acceptable routes and within reasonable time according to the laws on occupational safety and hygiene
- Donation, collection, transplantation of human tissues, organs as per the law
- Caring for a child under 7 years old who is sick.
In which cases are employees in Bietnam not entitled to sick leave policies?
Based on clause 2 of Article 42 of the 2024 Social Insurance Law, employees are not entitled to sick leave policies in the following cases:
- Intentionally self-inflicted injuries or health damage
- Using narcotics or narcotic precursors prescribed by the Government of Vietnam, except for using precursor drugs or drug preparations containing precursors as per the prescription of legally competent medical practitioners
- During the period of first-time leave for treatment and functional recovery when suffering from workplace accidents or occupational diseases
- During the period of leave coinciding with legal holidays according to labor law or while receiving full salary according to other specialized laws or during maternity leave, health recovery benefits as per the law on social insurance.
Note: The 2024 Social Insurance Law will take effect from July 1, 2025
