What are allowance levels of sickness benefits in 2024 in Vietnam?

What are allowance levels of sickness benefits in 2024 in Vietnam?

Article 28 of the Social Insurance Law 2014 stipulates allowance levels of sickness benefits specifically as follows:

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.

What are allowance levels of sickness benefits in 2024 in Vietnam? (Image from the Internet)

When do employees take leave without receiving sickness benefits in Vietnam?

In Clause 2, Article 3, Circular 59/2015/TT-BLDTBXH stipulates the employees are not entitled to sickness benefits in the following cases:

- The employees have disease or accident and must take sick leave due to self-infliction, drunkenness or abuse of drug or drug precursor.

- The employees take sick leave for the first treatment due to work accident or occupational disease.

- The employees have disease or accident which is not work accident during their annual leave, personal leave, unpaid leave as prescribed by labor law; maternity leave under the law on social insurance.

When are employees entitled to sickness benefits in Vietnam?

In Article 25 of the Social Insurance Law 2014, there are regulations on conditions for enjoying the sickness benefits as follows:

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.

At the same time, Clause 1, Article 3, Circular 59/2015/TT-BLDTBXH stipulates:

Conditions to enjoy the sickness benefits

1. The employees specified under Points a, b, c, d, dd, Clause 1 and Point b, Clause 2, Article 2 of Decree No. 115/2015/ND-CP shall enjoy the sickness benefits in the following cases:

a) The employees have disease or accident which is not work accident or treatment of injury or disease recurred due to work accident, occupational disease and must take sick leave with certification from the competent medical facility as regulated by the Ministry of Health.

b) The employees must take leave to take care of their sick children under 07 years of age with certification of the competent medical facility.

c) Female employees return to their work befire the expiration of maternity leave subject to one of the case specified under Point a and b of this Clause.

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Thus, employees are entitled to sickness benefits provided they fall into one of the following cases in Vietnam:

- Employees who are sick or have an accident that is not a work accident or are treated for recurring injuries or illnesses due to a work accident or occupational disease must take leave from work and have confirmation from a medical examination facility according to regulations of the Ministry of Health.

- The employee must take leave from work to care for a sick child under 07 years old with confirmation from a competent medical examination and treatment facility.

- Female employees return to work before the end of their maternity leave and fall into one of the cases specified above.

- Do not resolve sickness benefits for cases falling under Clause 2, Article 3 of Circular 59/2015/TT-BLDTBXH.

Best regards!