What documents are required for employees to take leave period upon sickness of their children in Vietnam?

What documents are required for employees to take leave period upon sickness of their children in Vietnam? - Ms. Lien (Can Tho).

How many days can a mother take leave to care for a sick child in Vietnam?

Pursuant to Article 27 of the Law on Social Insurance in 2014 stipulating leave period upon sickness of children as follows:

Leave period upon sickness of children

1. The leave period upon sickness of a child in a year shall be calculated based the number of days of care for the sick child, which must not exceed 20 working days, if the child is under 3 years old, or must not exceed 15 working days, if the child is between full 3 years and under 7 years old.

2. When both parents are covered by social insurance, the leave period of the father or mother upon sickness of a child must be as stipulated in Clause 1 of this Article.

The leave period upon sickness of children specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.

According to the above regulations, a mother is entitled to take leave to care for her sick child and receive sick leave benefits if she is a social insurance participant.

For each sick child, the mother is entitled to leave to care for the child for the following periods:

- If the child is under 3 years old, the mother is entitled to a maximum of 20 working days;

- If the child is from 3 years old to under 7 years old, the mother is entitled to a maximum of 15 working days.

Note: The number of days a mother takes leave to care for her sick child and receives benefits is calculated in working days, excluding public holidays, Tết holidays, and weekly rest days.

What documents are required for employees to take leave period upon sickness of their children in Vietnam?

Pursuant to Article 100 of the Law on Social Insurance in 2014 stipulating documents required for employees to take leave period upon sickness of their children in Vietnam as follows:

Dossier for enjoyment of the sickness benefits

1. An original or a copy of the hospital discharge paper, for employees or their children undergoing inpatient treatment; in case of outpatient treatment, the certificate of their leave under the social insurance benefits is required.

2. In case employees or their children take medical examination or treatment abroad, the paper specified in Clause 1 of this Article shall be replaced with a Vietnamese translation of the medical record issued by a foreign health establishment.

3. The employer-made list of employees taking leave under the sickness benefits.

4. The Minister of Health shall stipulate the form, and order and competence for grant, of certificate of an employee’s leave under the social insurance benefits, hospital discharge paper and the papers specified at Points c, d and dd, Clause 1, Article 101 of this Law.

Therefore, when a child is sick, the mother who takes sick leave benefits from social insurance needs the following documents:

- If the child of the employee is hospitalized, a copy of the discharge summary is required.

- If the child of the employee is treated on an outpatient basis, a certificate of sick leave benefits is required.

- If the child of the employee is treated in a foreign country, the file will be replaced by a Vietnamese translation of the medical examination and treatment certificate issued by the foreign medical examination and treatment facility.

- A list of employees who are on sick leave benefits is compiled by the employer.

How much is the sick leave benefit for employees who take leave to care for sick children in Vietnam?

According to Article 28 of the Law on Social Insurance in 2014, the level of sick leave benefits is as follows:

Level of sick leave benefits

1. The level of sick leave benefits for employees who are entitled to sick leave benefits under Clause 1 and Point a, Clause 2, Articles 26 and 27 of this Law is calculated on a monthly basis at 75% of the insured salary of the month immediately preceding the leave.

In case the employee has just started working or the employee who has previously had a period of social insurance contribution, after which the working period is interrupted and the employee has to take leave to enjoy sick leave immediately in the first month of returning to work, the level of benefit is 75% of the insured salary of that month.

2. The level of sick leave benefits for employees who continue to enjoy the sick leave benefits specified in Point b, Clause 2, Article 26 of this Law is as follows:

a) 65% of the insured salary of the month immediately preceding the leave if they have paid social insurance for at least 30 years;

b) 55% of the insured salary of the month immediately preceding the leave if they have paid social insurance for at least 15 years but less than 30 years;

c) 50% of the insured salary of the month immediately preceding the leave if they have paid social insurance for less than 15 years.

3. The level of sick leave benefits for employees who are entitled to sick leave benefits under Clause 3, Article 26 of this Law is 100% of the insured salary of the month immediately preceding the leave.

4. The daily level of sick leave benefits is calculated by dividing the monthly level of sick leave benefits by 24 days.

Therefore, the level of sick leave benefits for employees who take leave to care for sick children is:

Level of sick leave benefits = 75% x Insured salary

The daily level of sick leave benefits will be calculated by dividing the monthly level of sick leave benefits by 24 days.

Best regards!

 

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