How many days can a person suffering from cancer enjoy the sickness benefits in Vietnam?
How many days can a person suffering from cancer enjoy the sickness benefits in Vietnam? What is the maximum days for enjoying the sickness benefits in Vietnam? What are procedures for enjoying the sickness benefits in Vietnam?
How many days can a person suffering from cancer enjoy the sickness benefits in Vietnam?
An employee of my unit has blood cancer. How many days can this person enjoy the sickness benefits in Vietnam?
Answer:
According to current law, 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.
Pursuant to Clause 2 Article 26 of the Law on Social Insurance in 2014 stipulating as follows:
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.
Pursuant to the Circular 46/2016/TT-BYT stipulating the list of diseases requiring long-term treatment as follows:
|
No. |
Disease |
Code under ICD-10 |
|
|
||
|
Neoplasm |
C00 - C97; D00 - D09 |
|
|
Benign neoplasm of bone and articular cartilage |
D16 |
|
|
Benign neoplasm of adrenal gland |
D35.0 |
|
|
Neoplasms of uncertain behavior |
D37 - D48 |
|
Thus, according to the above regulations, in the case of an employee suffering from cancer, this person will be entitled to a maximum sick leave of 180 days/year.
What is the maximum days for enjoying the sickness benefits in Vietnam?
I am sick and have to be hospitalized for treatment. I don't know how many days I can take sick leave? I have been participating in social insurance for more than 3 years now. Thank you!
Answer:
Pursuant to Article 26 of the Law on Social Insurance in 2014 stipulating as follows:
- 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:
+ 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;
+ 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.
- 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:
+ 180 days at most in a year, including public holidays, New Year holidays and weekends;
+ 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.
- 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.
Thus, with the time of her payment of social insurance is 03 years, the maximum period of sick leave is 30 days. However, your actual time off should be based on the doctor's prescription in the hospital discharge certificate or the certificate of leave to enjoy social insurance.
At the same time, if she falls into the case of taking leave due to illness on the list of diseases requiring long-term treatment, she is entitled to a maximum leave of 180 days. If the sickness benefit period expires but still has not been treated, they will continue to enjoy the sickness benefits at a lower rate, but the maximum benefit period is equal to the period of payment of social insurance premiums.
What are procedures for enjoying the sickness benefits in Vietnam?
What are included in the dossier for enjoying the sickness benefits in Vietnam? Thank you!
Answer:
Pursuant to Article 26 of the Law on Social Insurance in 2014 stipulating as follows:
According to the Law on Social Insurance 2014, employees participating in social insurance are entitled to sickness benefits in the following cases:
- Being sick or having an accident that is not an occupational accident must take leave from work and certified by a competent medical examination and treatment facility as prescribed by the Ministry of Health.
In case of illness or accident and must leave work due to self-destruction of health, drunkenness or use of narcotics or drug precursors according to the list prescribed by the Government, they are not entitled to the sickness regime.
- Having to take leave from work to take care of sick children under 07 years old and certified by a competent medical examination and treatment establishment.
Records of sickness benefits
- In case the employee or the employee's children receive inpatient treatment.
Original or copy of discharge paper.
If you are referred for medical examination and treatment during inpatient treatment, you must have a copy of the referral paper or hospital transfer paper.
- In case the employee or the employee's children receive outpatient treatment:
Must have a certificate of leave to enjoy social insurance. Or the hospital discharge certificate indicated by the doctor, the treating doctor gives extra rest after the inpatient treatment period.
- In case the employee or the employee's child receives medical examination and treatment abroad:
Translation of medical examination and treatment papers issued by overseas medical examination and treatment establishments.
Procedures for enjoying sickness benefits
- Within 45 days from the date of return to work, the employee entitled to the sickness regime must submit a dossier to the employer.
- Within 10 days from the date of receiving the complete dossier from the employee, the employer is responsible for making "List of employees taking leave to enjoy the sickness regime made by the employer" paid to the social insurance agency.
- The insurance agency receives the dossier and the list of the employer, if the dossier is in accordance with the regulations, the social insurance agency must settle it and organize the payment to the employee.
Best regards!
