How many days can employees take leave due to diseases in a year in Vietnam?

How many days can employees take leave due to diseases in a year in Vietnam?

How many days can employees take leave due to diseases in a year? My name is Hoai Xuan, currently working as an accountant at XTV single-member limited liability company, have a question and want to ask you for advice. I am 45 years old this year, have worked at the company for 20 years, and have paid social insurance since signing a labor contract with the company. Due to my advanced age, and joint pain, every time it gets cold, I have pain and can't go to work. Therefore, I often ask the company for sick leave, sometimes a month I take 6-7 days off. Resting so much, I'm very worried, I don't know what's wrong? How many days of sick leave does the current law allow employees to take? I hope you will answer my above questions. Sincerely thank!

Reply:

The maximum number of sick leaves of an employee in a year depends on the number of years of work and the period of payment of social insurance premiums. In your case, you are entitled to a maximum of 40 days of sick leave per year (including holidays, holidays, Tet...). We would like to provide specific legal grounds for you to understand as follows:

Clause 1, Article 26 of the Law on Social Insurance 2014 stipulates that 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.

Above is the advice of us on the maximum period of enjoying the sickness benefits of employees. You should refer to the 2014 Law on Social Insurance for details to understand this provision in Vietnam.

In which case an employee takes leave due to diseases but is not entitled to sickness benefits in Vietnam?

My husband is a worker, because he was drunk, he was get a cold, but the social insurance agency refused to pay my husband's sickness benefits. May I ask: In which case an employee takes sick leave but is not entitled to sickness benefits? Sincere thanks!

Reply:

Pursuant to Article 25 of the Law on Social Insurance 2014 on conditions for enjoying the sickness benefits are prescribed as follows:

1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.

The sickness benefits does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.

2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.

Thus, in case the employee takes leave due to sickness as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors, the social insurance will not pay the allowance in Vietnam.

The above is the advice of us on the case where the employee is on sick leave but is not entitled to sickness benefits. You should refer to the Law on Social Insurance 2014 in detail to understand this provision.

Sickness benefits under the social insurance law in Vietnam

I am a state official. Recently, I was ill and had to be treated at the hospital from November 2, 2015 to December 30, 2015 with a hospital discharge stating atopic dermatitis and osteoarthritis, in addition, the doctor also gave me an extra 4 days off from work. Please ask what is level of sickness benefits under insurance can I enjoy? Can I get insurance benefits for 04 days of sick leave? what is calculation? Based on what regulation?

Reply:

According to the provisions of Article 24 and Clause 1, Article 25 of the Law on Social Insurance 2014:

Article 24. Coverage of the sickness benefits

The sickness benefits covers employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

Article 25. Conditions for enjoying the sickness benefits

1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.

The sickness benefits does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.

You are a government official and you are admitted to the hospital with the certification of a medical examination and treatment facility. Thus, you are subject to the application of the sickness regime and are entitled to the sickness regime.

According to the provisions of Point a, Clause 2, Article 26 of the Law on Social Insurance 2014:

Article 26. Period of enjoying the sickness benefits 

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;

You was hospitalized from November 2, 2015 to December 30, 2015 with the disease: atopic dermatitis + Osteoarthritis, in addition, the doctor also let you take an additional 04 days leave. According to the list of diseases requiring long-term treatment, issued by the Ministry of Health together with Circular 34/2013/TT-BYT, your disease is on the list of patients requiring long-term treatment in Vietnam.

According to the above regulations in Vietnam, you are entitled to sickness benefits for that hospital stay with the period from November 2, 2015 to December 30, 2015 including public holidays, weekly rest days and enjoy the rate insurance as prescribed in Clauses 1 and 4, Article 28 of the Law on Social Insurance:

Article 28. Allowance levels of the sickness benefits

1. Employees entitled to the sickness benefits prescribed in Clause 1, or at Point a, Clause 2, Article 26, or in Article 27, of this Law are entitled to a monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.

An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness benefits right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.

4. The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.

According to Article 29 of the Law on Social Insurance:

Article 29. Convalescence and health rehabilitation after sickness

1. An employee who has taken leave under the sickness benefits for the full number of days in a year prescribed in Article 26 of this Law, but whose health has not yet recovered within 30 days after return to work, is entitled to a leave of between 5 days and 10 days in a year for convalescence and health rehabilitation.

The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period which lasts from the end of a year to the following year shall be counted for the previous year.

2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union has not yet been set up, specifically as follows:

a/ 10 days at most, for employees whose health has not yet recovered after suffering a disease requiring long-term treatment;

b/ 7 days at most, for employees whose health has not yet recovered after undergoing an operation;

c/ 5 days, in other cases.

3. The per-diem allowance for convalescence and health rehabilitation after sickness must equal 30% of the statutory pay rate.

According to the above regulations in Vietnam, the doctor's 04 days of extra leave is 04 days for convalescence and health rehabilitation after sickness and the doctor is entitled to 30% of the base salary/ 01 extra day of leave.

Best regards!