How many days of leave are foreign workers with tuberculosis entitled to in Vietnam?

How many days of leave are foreign workers with tuberculosis entitled to in Vietnam?

Pursuant to Clause 2, Article 6 of Decree 143/2018/ND-CP stipulates sickness insurance benefit as follows:

2. Period of sick pay entitlement

a) The period of sick pay entitlement shall be subject to Article 26 of the Law on Social Insurance;

b) The period of an employee’s entitlement to the sickness benefit in connection with his/her child’s sickness shall be subject to Article 27 of the Law on Social Insurance.

Clause 2, Article 26 of the 2014 Law on Social Insurance stipulates the 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;

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.

According to the List issued with Circular 46/2016/TT-BYT, diseases requiring long-term treatment are as follows:

Thus, your husband is suffering from tuberculosis during the treatment phase, which is one of the diseases that require long-term treatment. The maximum number of days your husband can take off is 180 days, including holidays, New Year holidays and weekly days off in Vietnam.

How many days of leave are foreign workers with tuberculosis entitled to in Vietnam? (Image from the Internet)

Are foreign workers entitled to health recovery from illness in Vietnam?

Pursuant to Clause 4, Article 6 of Decree 143/2018/ND-CP regulating sickness regime as follows:

4. The benefit of health recovery from illness shall be subject to Article 29 of the Law on Social Insurance.

Article 29 of the 2014 Law on Social Insurance stipulates convalescence and health rehabilitation after sickness as follows:

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.

Therefore, according to the above regulations in Vietnam, foreign workers will still enjoy convalescence and health recovery after illness like Vietnamese workers. In case of tuberculosis, the number of days off for convalescence and recovery should not exceed 10 days.

Best regards!