SOCIAL INSURANCE FOR SICKNESS REGIME

SOCIAL INSURANCE FOR SICKNESS REGIME

I. Legal basis:

Article 25 to Article 29 of the 2014 Law on Social Insurance

Circular 59/2015/ TT-BLĐTBXH detailing and guiding the implementation of some articles of the Law on Social Insurance on compulsory social insurance.

II. Content:

Conditions for enjoying the sickness regime: Article 25 of the 2014 Law on Social Insurance

- Employees who have to take leave due to sickness or accidents other than labor accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.

The sickness regime does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.

- Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.

2. Period of enjoying the sickness regime: Article 26 of the 2014 Law on Social Insurance

a) For employees:

- For employees working under normal conditions, the period is:

+ Up to 30 days, if they have paid social insurance premiums for under 15 years.

+ Up to 40 days, if they have paid social insurance premiums for between full 15 years and under 30 years.

+ Up to 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, the period is:

+ Up to 40 days, if they have paid social insurance premiums for under 15 years.

+ Up to 50 days, if they have paid social insurance premiums for between full 15 years and under 30 years.

+ Up to 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 regime is specified as follows:

+ 180 days at most in a year, including public holidays, New Year holidays and weekends, after 180 days and still need treatment, the employee are entitled to continue enjoying the sickness regime for a shorter period not exceeding the period of social insurance premium payment.

b) Leave period upon sickness of a child in a year shall be calculated based the number of days of care for the sick child:

- Up to 20 working days, if the child is under 3 years old.

- Up to 15 working days, if the child is between full 3 years and under 7 years old.

(*) When both parents are covered by social insurance, the leave period of the father or mother upon sickness of a child must be as stipulated above.

c)  Leave with allowance:

- Sick leave or leave upon sickness of children is subsidized by the working day. If these holidays coincide with weekends, public holidays or New Year holidays, no allowances will be taken to calculate the allowance.

- Leave for sickness due to long-term illness, convalescence, allowances are calculated for including weekends, holidays and New Year holidays.

3. Allowance levels: Article 28 of the 2014 Law on Social Insurance

a) For ordinary dieses leave and leave upon sickness of children:

A monthly allowance equal to 75% of the salary of the month preceding their leave on which social insurance premiums are based.

An employee who has just started working or who previously paid social insurance premiums and then ceased working for a certain time and has to take leave under the sickness regime right in the first month after return to work, is entitled to an allowance equal to 75% of the salary of that month on which social insurance premiums are based.

b) For employees who continue enjoying the long – term diseases:

- 65% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for full 30 years or more;

- 55% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for between full 15 years and under 30 years;

- 50% of the salary of the month preceding their leave on which social insurance premiums are based, if they have paid social insurance premiums for under 15 years.

(*) The per-diem sickness allowance must equal the monthly sickness allowance divided by 24 days.

4. Settlement of the sickness regime: Article 102 of the 2014 Law on Social Insurance, Article 8 of Circular 59/2015/TT-BLĐTBXH

- Within 45 days after return to work, an employee shall submit the dossier.

- Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier.

- The social insurance agency settle the social insurance regime and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer.

(*) If refusing to settle the social insurance regime, the social insurance agency shall issue a written reply clearly stating the reason.

5. Convalescence and health rehabilitation after sickness: Article 29 of the 2014 Law on Social Insurance

An employee who has taken leave under the sickness regime for the full number of days in a year, but whose health has not yet recovered within 30 days after return to work, is entitled to a leave of:

- 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.

(*) The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends.

* Note:

+ 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.

+ For employees who are entitled to convalescence and health rehabilitation in any year, the time of leave for convalescence and health rehabilitation is counted for that year.

+ In case the employee does not quit his/her job, he/she is not entitled to convalescence and health rehabilitation regime.

+ The per-diem allowance for convalescence and health rehabilitation after sickness must equal 30% of the basic salary.