How many days off are employees in Vietnam when they take leave due to diseases requiring long-term treatment?

How many days off are employees in Vietnam when they take leave due to diseases requiring long-term treatment?

Pursuant to Article 26 of the Law on Social Insurance in 2014 stipulating period of enjoying the sickness benefits:

Period of enjoying the sickness benefits

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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.

As regulations above, employees in Vietnam taking leave due to diseases requiring long-term treatment are entitled to:

- 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 specifiedabove, they are entitled to continue enjoying the sickness benefits for a shorter period not exceeding the period of social insurance premium payment.

How many days off are employees in Vietnam when they take leave due to diseases requiring long-term treatment? - image from internet

What are allowance levels of the sickness benefits for employees taking leave due to diseases requiring long-term treatment in Vietnam?

Pursuant to Article 28 of the Law on Social Insurance in 2014 stipulating allowance levels of the sickness benefits:

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.

2. For employees who continue enjoying the sickness benefits prescribed at Point b, Clause 2, Article 26 of this Law, the allowance must equal:

a/ 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;

b/ 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;

c/ 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.

3. For employees entitled to the sickness benefits prescribed in Clause 3, Article 26 of this Law, the allowance must equal 100% of the salary of the month preceding their leave on which social insurance premiums are based.

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

As regulations above, allowance levels of the sickness benefits for employees taking leave due to diseases requiring long-term treatment in Vietnam are as follows:

[1] For the first 180 days

The benefit level = 75% x the monthly social insurance contribution amount of the immediately preceding month before taking leave.

[2] For cases of more than 180 days of leave

- Case 1: Having contributed to social insurance for 30 years or more

Benefit level = 65% x the monthly social insurance contribution amount of the immediately preceding month before taking leave.

- Case 2: Having contributed to social insurance for 15 years to less than 30 years

Benefit level = 55% x the monthly social insurance contribution amount of the immediately preceding month before taking leave.

- Case 3: Having contributed to social insurance for less than 15 years

Benefit level = 50% x the monthly social insurance contribution amount of the immediately preceding month before taking leave.

What are conditions for enjoying the sickness benefits in Vietnam?

Pursuant to Article 25 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the sickness benefits in Vietnam:

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.

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

As regulations above, conditions for enjoying the sickness benefits are:

- 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.

Note: 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.

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

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