Conditions for enjoying the convalescence and health rehabilitation after sickness in Vietnam

Conditions for enjoying the convalescence and health rehabilitation after sickness in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for enjoying the convalescence and health rehabilitation after sickness

An employee who has taken leave under the sickness benefits for the full number of days in a year prescribed in Article 26 of the Law on Social Insurance 2014, 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.

Article 26 of the Law on Social Insurance 2014 stipulates the period of enjoying the sickness benefits as follows:

The maximum period of enjoying the sickness benefits in a year for employees defined at (1), (2), (3), (4), (8)shall be counted in working days, excluding public holidays, New Year holidays and weekends, and is specified as follows:

- 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;

+ 60 days, if they have paid social insurance premiums for full 30 years or more;

- 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;

+ 70 days, if they have paid social insurance premiums for full 30 years or more.

* For employees who take leave due to diseases on the Ministry of Health-issued list of diseases requiring long-term treatment, the period of enjoying the sickness benefits is specified as follows:

- 180 days at most in a year, including public holidays, New Year holidays and weekends;

- If employees still need treatment after the expiration of the period specified at Point a of this Clause, they are entitled to continue enjoying the sickness benefits for a shorter period not exceeding the period of social insurance premium payment.

In addition, the period of enjoying the sickness benefits for employees defined at Point dd, Clause 1, Article 2 of this Law shall be based on the period of treatment at a competent health establishment.

Note:

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.

(Clause 1, Article 29 of the Law on Social Insurance 2014)

2. Leave period for convalescence and health rehabilitation in Vietnam

According to Clause 2, Article 29 of the Law on Social Insurance 2014, the number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union has not yet been set up, specifically as follows:

- 10 days at most, for employees whose health has not yet recovered after suffering a disease requiring long-term treatment;

- 7 days at most, for employees whose health has not yet recovered after undergoing an operation;

- 5 days, in other cases.

Note:

- 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.

- If an employee is eligible to take leave for convalescence and health recovery in any year, the time off to enjoy convalescence and health recovery will be calculated for that year.

- Determining the maximum time to enjoy convalescence and recovery benefits in a year is based on the last time off work to enjoy the sickness benefits before taking convalescence and recovery benefits (sickness belongs to the list of diseases requiring long-term treatment or illnesses due to surgery or other illnesses).

Nguyen Ngoc Que Anh

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