In Vietnam, is the long-term sickness benefit applicable for many years?
In the case of an employee being sick for a long time and enjoying the sickness benefit since January 2014. Until January 2016, if he/she continues to enjoy the sickness benefit, how long will he/she be able to enjoy that sickness benefit?
In Vietnam, is the long-term sickness benefit applicable for many years? (Image from the Internet)
Article 25 of the 2014 Social Insurance Law stipulates the conditions for enjoying the sickness benefits 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.
Therefore, when meeting the above conditions, the employee will be entitled to sickness benefits.
According to Article 26 of the 2014 Social Insurance Law, the period of enjoying the sickness benefits is as follows:
1. 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.
Therefore, the number of sick leave days for employees and the maximum sick leave period mentioned above are calculated per year based on the illness condition. Employees on sickness benefit must have confirmation from the health establishment and submit it to the company for sickness benefits processing. Hence, in 2014, if an employee takes sick leave, they may still be entitled to the benefits if they meet the conditions by 2016.
Best Regards!
