From July 1, 2025, will employees' leave due to sick children be covered by social insurance in Vietnam if their children are over 7 years old?
From July 1, 2025, will employees' leave due to sick children be covered by social insurance in Vietnam if their children are over 7 years old?
Based on Article 44 of the Social Insurance Law 2024 which stipulates the leave period for sick children:
Article 44. Leave period for sick children
1. The leave period to take care of a sick child in a year (from January 1st to December 31st) must not exceed 20 days if the child is under 03 years old, or 15 days if the child is between 03 years and under 07 years old.
2. If both parents are compulsory social insurance participants, the leave period of the father or mother to take care of the sick child shall comply with Clause 1 of this Article.
3. The leave period for sick children specified in this Article shall include working days, exclude public holidays and weekends.
According to the above regulation, the period for enjoying policies for caring for a sick child in a year for each child by an employee is as follows:
- A maximum of 20 days if the child is under 03 years old
- A maximum of 15 days if the child is aged from 03 to under 07 years old
Therefore, employees are not entitled to leave lor sick children in Vietnam if their children are over 7 years old
From July 1, 2025, will employees' leave due to sick children be covered by social insurance in Vietnam if their children are over 7 years old? (Image from the Internet)
What are cases where employees eligible to receive sickness benefits in Vietnam?
Based on Article 42 of the Social Insurance Law 2024 which stipulates the Beneficiaries and eligibility for sickness benefits in Vietnam:
Article 42. Beneficiaries and eligibility for sickness benefits
1. The subjects specified at points a, b, c, d, i, k, l, m, and n of Clause 1 and Clause 2, Article 2 of this Law are entitled to sickness benefits when taking leave in one of the following cases, except as prescribed in Clause 2 of this Article:
a) Treatment when suffering from an illness that is not an occupational disease;
b) Treatment when suffering an accident that is not a work accident;
c) Treatment when suffering an accident while traveling from residence to the workplace or from workplace to residence according to the appropriate route and time as prescribed by the labor safety and hygiene law;
d) Treatment, rehabilitation when the disability or illness recurs due to a work accident, occupational disease, or due to an accident as specified in point c of this clause;
dd) Donation, removal, transplantation of human tissues or organs as prescribed by law;
e) Caring for a child under 07 years old who is ill.
2. Employees are not entitled to sickness benefits in the following cases:
a) Self-inflicted injury or harm to one's own health;
b) Use of narcotics or precursor substances according to the list prescribed by the Government of Vietnam, except for the use of precursor drugs or combination drugs containing precursors as prescribed by a licensed medical practitioner belonging to a medical examination and treatment facility;
[...]
Thus, employees are entitled to sickness benefits in the following cases:
- Treatment when suffering from an illness that is not an occupational disease
- Treatment when suffering an accident that is not a work accident
- Treatment when suffering an accident while traveling from residence to workplace or from workplace to residence according to the appropriate route and time as prescribed by the labor safety and hygiene law
- Treatment, rehabilitation when the disability or illness recurs due to a work accident, occupational disease, or due to an accident while traveling from residence to workplace or from workplace to residence according to the appropriate route and time as prescribed by the labor safety and hygiene law
- Donation, removal, transplantation of human tissues or organs as prescribed by law
- Caring for a child under 07 years old who is ill
What are compulsory social insurance benefits in Vietnam?
Based on Article 4 of the Social Insurance Law 2024 which stipulates the forms of social insurance and social insurance benefits
Article 4. Forms of social insurance and social insurance benefits
1. Social pension benefits have the following policies:
a) Monthly social pension benefits;
b) Funeral expense support;
c) Enjoyment of health insurance paid by the state budget.
2. Compulsory social insurance has the following policies:
a) Sickness;
b) Maternity;
c) Retirement;
d) Death;
dd) Insurance for work accidents and occupational diseases according to the Labor Safety and Hygiene Law.
[...]
Compulsory social insurance has 5 policies, including: Sickness, maternity, retirement, death and insurance for work accidents, occupational diseases.
Note: The Social Insurance Law 2024 takes effect in Vietnam from July 1, 2025.
