Ms. Tran Thi Que (50 years old, in Hanoi; working at a state agency) shared that she has a serious illness and often has to take long days off for treatment. During her previous treatment, she took nearly 20 days off. Now, because her health is getting worse, she plans to take longer days off.

Ms. Que wondered: According to the law, how is sick leave calculated and what is the maximum leave time per year?

Regarding Ms. Que's question, lawyer Diep Nang Binh - Head of Tinh Thong Luat Law Office said: Article 26 of the Law on Social Insurance (SI) 2014 (effective until July 1, 2025) stipulates the maximum sick leave period in 1 year for employees with the number of days from 30 - 70 working days/year. In particular, in cases of diseases that are on the list of diseases requiring long-term treatment, the sick leave period can be longer, even the sick leave period can be equal to the time of social insurance payment.

Current law does not limit sick leave within 1 month, but employees taking sick leave must ensure that the total sick leave within 1 year does not exceed the number of days determined below:

Employees working under normal conditions: Get a maximum of 30 working days off if they have paid insurance for less than 15 years; Get a maximum of 40 working days off if they have paid insurance for 15 years but less than 30 years; Get a maximum of 60 working days off if they have paid insurance for 30 years or more.

Thach Thao Social Insurance (6).jpg
From July 1, employees with long-term illnesses can take a maximum of 30-70 days of sick leave per year. Illustration: Thach Thao

Employees working in arduous, toxic, dangerous or especially arduous, toxic, dangerous occupations or jobs or working in places with regional allowances of 0.7 or higher: Get a maximum of 40 working days off if they have paid insurance for less than 15 years; Get a maximum of 50 working days off if they have paid insurance for 15 years to less than 30 years; Get a maximum of 70 working days off if they have paid insurance for 30 years or more.

Employees with illnesses requiring long-term treatment : are entitled to a maximum of 180 days off, including holidays, Tet and weekly days off. If treatment is still required after the 180-day period, they are entitled to a further leave of up to the time of social insurance contributions.

The time an employee takes sick leave is still considered working time and is counted towards the employee's annual leave, provided that the cumulative sick leave does not exceed 2 months in 1 year.

However, according to the Social Insurance Law 2024, which takes effect from July 1, employees with long-term illnesses will no longer be entitled to the full 180 days of sick leave as before.

Accordingly, employees with long-term illnesses can take sick leave for a maximum of 30 - 70 days per year, depending on each person's working conditions, with a benefit equal to 75% of the salary used as the basis for social insurance contributions.

In case the employee still needs to continue treatment after the maximum sick leave period has expired, he/she will continue to enjoy sick leave benefits if the illness is on the list of illnesses requiring long-term treatment issued by the Minister of Health.

To be entitled to sick leave benefits under the provisions of the Social Insurance Law 2024, the subject must meet the following conditions: Treatment of non-occupational diseases, treatment of non-work-related accidents, or treatment of accidents when traveling from home to work or vice versa, following a reasonable route and time.