Calculation Method for Sickness Benefits According to the Guidelines of the Ministry of Labor, Invalids, and Social Affairs

Duy Thinh

08:24, 11/07/2024

The Ministry of Labor, Invalids and Social Affairs has just issued Official Dispatch No. 2856/LDTBXH-BHXH addressing concerns regarding the calculation for sickness policies for employees.

The calculation of time for sickness benefits for cases where the employee takes unpaid leave is carried out in accordance with the provisions of Clause 4, Article 4 of Circular 59/2015/TT-BLDTBXH.

Article 4. Sickness Benefits Period

4. In case an employee falls sick or has an accident that is not an occupational accident during annual leave, personal leave, or unpaid leave as prescribed by labor law, the time of sickness or accident coinciding with the period of annual leave, personal leave, or unpaid leave shall not be counted for sickness benefits; the period of sick leave or accident outside the annual leave, personal leave, or unpaid leave period shall be included in the sickness benefits calculation as prescribed.

For employees with a sick leave period (including both common illnesses and long-term treatment illnesses) of 30 days or more in a year, during the first 30 days after returning to work if they have not yet recovered their health, they are eligible for convalescence and health recovery leave. The maximum number of convalescence and health recovery leave days in a year is implemented in accordance with the provisions of Clause 2, Article 29 of the Law on Social Insurance 2014.

The above content is based on the provisions of Article 29 of the Law on Social Insurance 2014 and Article 7 of Circular 59/2015/TT-BLDTBXH.

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