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1. Only people participating in compulsory social insurance are entitled to sick leave benefits.
According to Article 4 of the Law on Social Insurance 2014, social insurance regimes are stipulated as follows:
- Compulsory social insurance has the following regimes:
+ Sick;
+ Maternity;
+ Work accidents, occupational diseases;
+ Retirement;
+ Death.
- Voluntary social insurance has the following regimes:
+ Retirement;
+ Death.
- Additional pension insurance as prescribed by the Government.
Thus, according to regulations, voluntary social insurance participants are entitled to two regimes: retirement and death. The new sickness regime only applies to compulsory social insurance participants.
2. Conditions for enjoying sick leave
Article 25 of the Law on Social Insurance 2014 stipulates the conditions for enjoying sick leave benefits as follows:
- Sickness or accident that is not a work accident and requires leave from work and has confirmation from a competent medical examination and treatment facility according to regulations of the Ministry of Health.
In case of illness or accident that requires leave from work due to self-harm, drunkenness or use of drugs or drug precursors according to the list prescribed by the Government, the employee is not entitled to sick leave.
- Must take time off work to take care of a sick child under 7 years old and have confirmation from a competent medical facility.
3. Sickness benefit level
- Employees receiving sick leave benefits as prescribed in Clause 1 and Point a Clause 2 Article 26, Article 27 of the Law on Social Insurance 2014 shall receive a monthly benefit equal to 75% of the social insurance salary of the month immediately preceding the leave.
In case an employee has just started working or an employee who has previously paid social insurance, then has a work interruption and has to take sick leave in the first month of returning to work, the benefit level is equal to 75% of the social insurance salary of that month.
- Employees who continue to enjoy the sick leave regime prescribed in Point b, Clause 2, Article 26 of the Law on Social Insurance 2014 shall receive the following benefits:
+ Equal to 65% of the social insurance salary of the month immediately preceding the leave of absence if the employee has paid social insurance for 30 years or more;
+ Equal to 55% of the social insurance salary of the month immediately preceding the leave of absence if the social insurance has been paid for 15 years but less than 30 years;
+ Equal to 50% of the social insurance salary of the month immediately preceding the leave of absence if social insurance has been paid for less than 15 years.
- Employees receiving sick leave benefits as prescribed in Clause 3, Article 26 of the Law on Social Insurance 2014 shall receive 100% of the social insurance salary of the month immediately preceding the leave.
- The daily sickness benefit is calculated by dividing the monthly sickness benefit by 24 days.
(Article 28 of the Law on Social Insurance 2014)
4. Time to enjoy sick leave
- The maximum time to enjoy sick leave in a year for employees specified in points a, b, c, d and h, Clause 1, Article 2 of the Law on Social Insurance 2014 is calculated by working days, excluding holidays, Tet holidays, and weekly days off, and is specified as follows:
+ Working under normal conditions, you are entitled to 30 days if you have paid social insurance for less than 15 years; 40 days if you have paid from 15 years to less than 30 years; 60 days if you have paid from 30 years or more;
+ Working in a heavy, toxic, dangerous or especially heavy, toxic, dangerous occupation or job on the list issued by the Ministry of Labor - Invalids and Social Affairs, the Ministry of Health or working in a place with a regional allowance coefficient of 0.7 or higher, is entitled to 40 days if having paid social insurance for less than 15 years; 50 days if having paid from 15 years to less than 30 years; 70 days if having paid from 30 years or more.
- Employees who take leave due to illness on the List of illnesses requiring long-term treatment issued by the Ministry of Health are entitled to sick leave benefits as follows:
+ Maximum 180 days including holidays, Tet holidays, and weekly days off;
+ After the period of enjoying sick leave as prescribed in Point a of this Clause has expired and treatment continues, the sick leave will continue to be enjoyed at a lower level but the maximum period of enjoyment is equal to the period of social insurance contribution.
- The period of enjoying sick leave benefits for employees as prescribed in Point d, Clause 1, Article 2 of the Law on Social Insurance 2014 is based on the treatment period at a competent medical examination and treatment facility.
(Article 26 of the Law on Social Insurance 2014)
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