What is determination of period of enjoying the sickness benefits in Vietnam? Are employees entitled to convalescence period after sickness in Vietnam?

What is determination of period of enjoying the sickness benefits in Vietnam? 

In the discharge certificate of Hanoi Obstetrics Hospital, it is written that the employee:

Hospitalized at 7:00 p.m on January 13. Discharged at 11:00 a.m on January 24 (employees have every Sunday off)

But is it correct that the insurance results only pay the employee for 8 days?

Reply:

According to Clause 1, Article 26 of the 2014 Law on Social Insurance, it is stipulated:

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.

Regarding conditions for enjoying the sickness benefits (Article 25 of the 2014 Law on Social Insurance):

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.

So, employee is admitted to the hospital at 7:00 p.m on January 13, and discharged at 11:00 a.m on January 24. During this period, employee's weekly holiday is Sunday, so these 3 days will not be counted. Therefore, the total number of sick leave days for employee is 8 days which is reasonable in Vietnam.

What is determination of period of enjoying the sickness benefits in Vietnam? Are employees entitled to convalescence period after sickness in Vietnam? (Image from the Internet)

Are employees entitled to convalescence period after sickness in Vietnam? 

If an employee's health has not yet recovered after taking full sick leave, can he or she take convalescence leave? I know that according to regulations, employees who are entitled to maternity benefits and go to work but their health has not yet recovered are entitled to convalescence after giving birth.

Reply:

According to the provisions of Article 29 of the 2014 Law on Social Insurance, there are regulations on 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.

Thus, according to the above regulations in Vietnam, after the employee has completed their sick leave period, if their health has not recovered within the first 30 days of returning to work, they will still be considered for convalescence, health rehabilitation from 5 to 10 days.

If a drunk employee causes an accident, will he or she be entitled to sickness benefits in Vietnam?

I would like to ask if a drunk employee causes an accident, will he or she be entitled to sickness benefits in Vietnam?

Reply:

According to Clause 1, Article 25 of the 2014 Law on Social Insurance, conditions for enjoying the sickness benefits are stipulated 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.

Thus, in case of drunkenness leading to an accident and taking leave, he/she will not be entitled to sickness benefits according to regulations in Vietnam.

Best regards!