Employees on Sick Leave Can Still Receive Full Salary

1. Full Salary During Sick Leave Under Annual Leave Policies

Based on Article 111 of the Labor Code 2012, an employee who has worked for an employer for 12 months is entitled to annual leave with full pay as stipulated in the labor contract. Therefore, if an employee falls sick and uses annual leave days to go for medical check-ups, they are still entitled to full pay for the days off.

2. Salary When Taking Leave Under Sick Leave Policies

Though employees do not receive full pay like under annual leave policies, if an employee goes for a medical check-up and has a sick leave certificate issued by an authorized hospital, they are still entitled to a salary for the days off as per the sick leave policies stipulated in the Social Insurance Law 2014. To be specific:

a. Conditions for Sick Leave Policies

- The employee falls sick or has an accident that is not a work-related accident or needs treatment for injury or recurrent illness due to a work-related accident or occupational disease, and has to take leave with a certificate from an authorized medical facility under the regulations of the Ministry of Health.

- The employee has to take leave to care for a sick child under 07 years old and has a certificate from an authorized medical facility.

- Female employees returning to work before the end of the maternity leave period and falling under one of the aforementioned cases.

b. Duration of Sick Leave Policies

The maximum duration for sick leave policies in a year for employees who do not have long-term treatment illnesses is calculated based on working days, excluding public holidays, Tet holidays, and weekly rest days, and is stipulated as follows:

- For employees working under normal conditions, they are entitled to 30 days if they have contributed to social insurance for less than 15 years, 40 days if from 15 to under 30 years, and 60 days if 30 years or more.

- For those doing heavy, hazardous, dangerous, or especially heavy, hazardous, dangerous jobs, or working in areas with a regional allowance coefficient of 0.7 or higher as stipulated by the Ministry of Labor - Invalids and Social Affairs, and the Ministry of Health, they are entitled to 40 days if they have contributed to social insurance for less than 15 years, 50 days if from 15 to under 30 years, and 70 days if 30 years or more.

Employees who take leave due to illnesses needing long-term treatment as listed by the Ministry of Health, are entitled to a maximum of 180 days, including public holidays, Tet holidays, and weekly rest days. If 180 days are exhausted and the employee is still sick, they are entitled to further leave with a reduced benefit, but the maximum duration is equal to their social insurance participation period.

c. Sick Leave Benefit Levels

According to Clause 4, Article 28 of the Social Insurance Law 2014 and Clause 1, Article 6 of Circular 59/2015/TT-BLDTBXH, the daily sick leave benefit is calculated based on the following formula:

Daily Benefit = (Monthly Social Insurance Salary of the Month Before Leave/24 days) x 75% x Number of Days on Sick Leave

Note: If the employee suffers from an illness listed as needing long-term treatment, the benefit level and duration are calculated according to Clause 2, Article 6 of Circular 59/2015/TT-BLDTBXH.

Duy Thinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE