Tiếng ViệtSick leave benefits are a crucial part of employee rights under Vietnam’s Social Insurance Law. However, many workers remain unaware of how many paid sick days they are entitled to each year, what documents are required, and how much compensation they can expect. Delays or refusals by employers to process claims can lead to a significant loss of lawful entitlements.
In this article, Lexconsult & Partners breaks down the latest legal updates on sick leave benefits in 2024, including maximum leave days, benefit calculation, claim procedures, and practical advice to help employees protect their rights effectively.
1. Maximum sick leave days per year
According to Article 43 of the 2024 Law on Social Insurance, the number of sick leave days is determined as follows:
For employees working under normal conditions:
– Less than 15 years of social insurance contributions: up to 30 days/year
– From 15 to under 30 years of contributions: up to 40 days/year
– From 30 years and above: up to 60 days/year
For employees doing heavy, hazardous, or dangerous work:
– Less than 15 years of contributions: up to 40 days/year
– From 15 to under 30 years: up to 50 days/year
– From 30 years and above: up to 70 days/year
Public holidays and Tet (Lunar New Year) are not counted in the total number of sick leave days.
2. Sick leave benefit rates
The daily allowance is calculated as: (100% or 75%) × Monthly salary on which social insurance premiums are based (in the month preceding sick leave) ÷ 24
– General employees: entitled to 75% of the salary used as the basis for social insurance contribution
– Specific cases: employees in certain sectors or suffering from long-term illnesses (as listed by the Ministry of Health) may receive 100%
3. Dossier and procedures to claim sick leave benefits
Required documents include:
– Hospital discharge paper or medical certificate for sick leave under the social insurance regime;
– A list of employees taking sick leave, prepared by the employer.
Submission deadline: The employer must submit the application to the social insurance agency within 07 days from the date of receiving complete documents from the employee.
Processing time: The social insurance agency must settle the claim within 07 working days from the date of receipt of a valid dossier.
4. Key Considerations for Employees to Protect Their Rights
– Keep all medical documents: This includes the Certificate of Sick Leave for Social Insurance Benefits (Form C65-HD) and the Hospital Discharge Paper if inpatient treatment was required.
– Track sick leave days and years of social insurance contributions: To ensure the number of leave days does not exceed the allowable limit and the correct benefit amount is applied.
– Request the employer to submit documents on time: Employers must submit the application to the Social Insurance Agency within 07 days from receiving complete documents from the employee. The agency shall process within 07 working days upon receipt of a valid application.
5. Frequently Asked Questions Regarding Sick Leave Regulations
Can I claim sick leave benefits for common colds or mild fevers?
→ Yes. As long as you obtain a valid Certificate of Sick leave for Social Insurance Benefits from a licensed healthcare provider, you are eligible to receive the benefits.
Can I receive sick leave benefits if I work remotely while on sick leave?
→ No. Benefits are only paid when the employee is genuinely off work due to health issues and has a valid medical certificate. Continuing to work during this time disqualifies you from receiving the benefit.
I took three separate sick leaves totaling 45 days this year. Is that within the allowed limit?
→ Yes, provided the total number of days does not exceed the statutory maximum based on your insurance contribution period and job category.
I was sick for 5 days but forgot to obtain a medical certificate. Can I still receive the benefit?
→ No. Without valid medical documentation, the Social Insurance Agency will not process your claim.
My employer did not submit my sick leave documents to the Social Insurance Agency. What should I do?
→ You may contact the local Social Insurance Office directly to report the issue or file a complaint if the employer fails to comply.
I have only contributed to social insurance for one year. Am I eligible for sick leave?
→ Yes. As long as you are currently participating in the compulsory social insurance scheme at the time of the leave, you are entitled to the benefit regardless of the duration of participation.
If a female employee falls ill after maternity leave, can she still receive sick leave benefits?
→ Yes. If the illness occurs after the maternity leave and valid documents are provided, she remains eligible for sick leave benefits.
Are sick leave benefits subject to personal income tax (PIT)?
→ No. Sick leave payments under the social insurance scheme are not subject to PIT.
Are seasonal workers or those with 3-month contracts entitled to sick leave benefits?
→ If they participate in the compulsory social insurance scheme, they are entitled to the same benefits as full-time employees.
I took 7 days of sick leave, but the Social Insurance Agency only paid for 5 days. Why?
→ It is likely that the remaining 2 days fell on public holidays or the documentation did not cover the full period. You should review the submitted documents and relevant dates.
Understanding the updated sick leave entitlements and benefit levels under the 2024 Amended Social Insurance Law helps employees not only recover with peace of mind but also avoid losing benefits to which they are rightfully entitled.
If you face challenges in claiming sick leave benefits, experience delays from your employer, or require assistance in preparing compliant documentation, contact Lexconsult & Partners Law Firm. Our labor and social insurance law experts are here to protect your legal rights and support you throughout the process.
