Are unpaid leave workers entitled to health insurance?

by DungTran

Are unpaid leave workers entitled to health insurance? Employers will pay employees working for the enterprise health insurance to enjoy benefits for medical examinations and treatment. Let us learn about this topic with LSX law firm as follow:

Are unpaid leave workers entitled to health insurance for medical examination and treatment?

According to Clause 3, Article 115 of the Labor Code 2019; if an employee needs to take leave for personal reasons that do not fall into the cases prescribed by the Labor Code; they can agree with the employer on unpaid leave.

During the period when the employee is on unpaid leave; the payment and calculation of compulsory insurance benefits are specified in Clause 4, Article 42 of Decision No. 595/QD-BHXH as follows:

4. Employees who do not work and do not receive wages for 14 or more working days in a month shall not pay social insurance premiums for that month. This time is not counted to enjoy social insurance.

Accordingly, the following two cases will occur:

Case 1: Unpaid leave of less than 14 working days/month and health insurance

In this case, the employee is still calculated to pay social insurance premiums. Accordingly, this person will be paid health insurance premiums for that month.

Thus, employees will enjoy health insurance benefits when going for medical examinations and treatment.

Case 2: Unpaid leave of 14 days or more/month health insurance

In the month the employee takes an unpaid leave of 14 days or more; the employer will carry out procedures for reporting reduction of labor and not pay the compulsory insurances of that month. Therefore, employees, in this case, will not be; paid health insurance premiums.

Accordingly, the issued health insurance card will not be valid for use. Therefore, employees who undergo medical examinations and treatment will not be; entitled to the health insurance regime. If you or your loved one is a foreigner, and you are classified as do foreign workers working in Vietnam have to pay health insurance, please contact LSX Law firm for detailed advice.

Note: In taking unpaid leave due to sickness or maternity leave, you will still be; entitled to health insurance benefits.

Can those employees buy Household health insurance?

Because they are not eligible for health insurance benefits if they are on unpaid leave for a long time; many employees expressed their desire to buy household health insurance to enjoy benefits when going for medical examination and treatment. So is this doable?

According to Clauses 1 and 2, Article 5 of Decree 146/2018/ND-CP; except for those subject to compulsory participation in health insurance; those whose names are in the household registration books; and temporary residence books are all entitled to participate in health insurance according to the form of a household wake.

Meanwhile, according to Clause 1, Article 1 of this Decree; employees working under labor contracts with a term of a total of 3 months or more are; required to participate in group health insurance; because employees and employers closed labor.

In the case of unpaid leave, even though the health insurance premium is not included; because the employee has not terminated the labor contract; he is; still considered to be working and participating in health insurance at the enterprise.

Therefore, employees who take an extended unpaid leave of absence will be significantly disadvantaged; because they cannot pay health insurance premiums by enterprises; and cannot pay household health insurance by themselves to enjoy benefits when going to medical examination and treatment.

Accordingly, if the employee goes for medical examination and treatment during this time, he will have to pay all examination and treatment expenses.If you are a foreign worker you want to know how to buy Voluntary Health Insurance for Foreigners in Vietnam, please refer to the article of LSX Law firm.

Contact us

Finally, hope this article about Benefits when leaving work for employees working before 2009 is helpful for you!

In case you have any questions, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

In case foreign workers participate in compulsory social insurance

According to Decree No. 143/2018/ND-CP of the Government:
Firstly; have a work permit or a practice certificate; or a practicing license issued by a competent Vietnamese agency.
Secondly; have an indefinite term labor contract; or a definite term labor contract from full 1 year; or more with employers in Vietnam.

In which case foreign workers are not required to participate in social insurance?

Employees who are foreign citizens working in Vietnam are not eligible to participate in compulsory social insurance for foreigners; according to the provisions of this Decree; when falling into one of the following cases:
Firstly; moving within the enterprise according to regulations.
Secondly; the employee has reached the prescribed retirement age.

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