Do employees on long-term sick leave during the year get 12 days of annual leave?

In the case of an employee taking long-term sick leave during the year, are they entitled to 12 days of leave? Looking forward to your prompt response.

According to Clause 1, Article 113 of the Labor Code 2019, it is stipulated:

A worker who has worked for a full 12 months for an employer is entitled to annual leave, fully paid according to the labor contract as follows:

- 12 working days for those who work under normal conditions;

- 14 working days for juvenile workers, disabled workers, or those doing heavy, hazardous, or dangerous jobs;

- 16 working days for those engaged in especially heavy, hazardous, or dangerous occupations.

And in Clause 7 Article 65 of Decree 145/2020/ND-CP, it is stipulated:

Article 65. The time considered as working time to calculate the annual leave days of employees.

- The period of sick leave, but aggregate not more than 02 months in a year.

=> Thus, according to the above regulations, if an employee takes sick leave for a total of up to 2 months in a year, they are still entitled to 12 days of leave in the year. However, if the employee's sick leave totals 2 months or more, they will not be entitled to 12 days of leave in the year. Instead, the annual leave will be based on the actual working time of that employee.

Sincerely.

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