Hello LSX! I just went to the doctor and will need surgery. I don’t know according to the law, how many days will I be able to rest after surgery? So about the matter “Regulations on convalescence benefits under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on Social Insurance 2014
- Decision 166/2019/QD-BHXH
Mode of convalescence after illness
Conditions for enjoying convalescence after illness
According to Clause 1, Article 29 of the Law on Social Insurance 2014, an employee who has taken leave from work to enjoy the sickness benefits for a full period of one year as prescribed in Article 26 of this Law, within the first 30 days of returning to work. If their health has not yet recovered, they are entitled to convalescence and health rehabilitation from 5 to 10 days in a year.
The time for convalescence and recovery includes public holidays, New Year holidays, and weekly rest days. In case there is a period of convalescence and health rehabilitation from the end of the previous year to the beginning of the next year, such time off shall be counted for the previous year.
Time to recuperate and recover from illness
According to Clause 2, Article 29 of the Law on Social Insurance 2014, the number of days of convalescence and health rehabilitation shall be decided by the employer and the grassroots trade union executive committee. The grassroots union is decided by the employer as follows:
• Up to 10 days for employees whose health has not yet recovered from illness due to illness requiring long-term treatment;
• Up to 07 days for employees whose health has not yet recovered from illness due to surgery;
• Equal to 05 days for other cases.
Benefit level
The rate of enjoyment of the convalescence and health rehabilitation regime after maternity for one day is equal to 30% of the base salary.
That is, with the current salary of 1,490,000 VND, every day the employee takes a convalescence and recovers his health after being laid off, he is entitled to 447,000 VND.
Regulations on convalescence benefits under Vietnam law
– Female employees giving birth are entitled to take maternity leave before and after giving birth for 6 months. In case female employees have twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave.
The maximum period of maternity leave before giving birth is not more than 02 months.
Male employees who are paying social insurance premiums when their wives give birth to children are entitled to maternity leave as follows:
+ 05 working days;
+ 07 working days when the wife gives birth to a child requiring surgery or gives birth to a child under 32 weeks old;
+ In case the wife gives birth to twins, she is entitled to 10 working days off; from the birth of triplets or more, each additional child is entitled to 3 more working days;
+ In case the wife has twins or more and has to have surgery, she is entitled to 14 working days off.
The time off work to enjoy the maternity regime specified in this Clause is calculated within the first 30 days from the date the wife gives birth.
In case after giving birth, if the child under 2 months old dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the time off work to enjoy the maternity regime does not exceed the period specified in Clause 1 of this Article; This time is not included in the separate leave time according to the provisions of the labor law.
In case only the mother participates in social insurance or both parents participate in social insurance and the mother dies after giving birth, the father or the person directly raising the child is entitled to take a leave of absence to enjoy the maternity regime for the duration of the maternity leave. remaining of the mother as prescribed in Clause 1 of this Article. In case the mother who participates in social insurance but does not fully satisfy the conditions specified in Clause 2 or Clause 3, Article 31 of this Law, dies, the father or the person directly raising the child is entitled to take a leave of absence to enjoy the maternity regime until the child is fully satisfied. 6 months old.
In case the father or the person directly fostering participates in social insurance but does not quit his job as prescribed in Clause 4 of this Article, in addition to the salary, he is also entitled to the maternity regime for the remaining time of the mother as prescribed in Clause 2 of this Article. Clause 1 of this Article.
In case only the father participates in social insurance and the mother dies after giving birth or is in danger after giving birth but is no longer healthy enough to take care of the child as certified by a competent medical examination and treatment establishment, Fathers are entitled to take maternity leave until the child is full 6 months old. The maternity leave period specified in Clauses 1, 3, 4, 5 and 6 of this Article includes public holidays, New Year holidays and weekly rest days.
Female employees giving birth are entitled to take maternity leave before and after childbirth according to the provisions of Clause 1, Article 34 of the Law on Social Insurance and are guided specifically as follows:
– During the time when the female employee is on leave to enjoy the maternity regime before giving birth but the fetus dies, if the female employee fully meets the conditions specified in Clause 2, Article 31 of the Law on Social Insurance, in addition to the maternity regime for during the period of maternity leave before giving birth, female employees are entitled to take leave to enjoy the regimes specified in Article 33 of the Law on Social Insurance from the time of stillbirth.
Dossier on time limit for processing applications for convalescence and rehabilitation benefits
Dossier for enjoying convalescence and health rehabilitation benefits will include a declaration requesting settlement of sickness benefits according to form 01B-HSB issued together with Decision 166/2019/QD-BHXH and personal papers.
To declare form 01B-HSN (where is the application for settlement of sick benefits), readers can refer to the following instructions:
For the status item:
• Leave blank if common illness
• If surgery, write PT
• If it is a long-term illness according to the list of the Ministry of Health: write BDN
For the time: The time here is the first day the employee returns to work after the end of the sick leave regime.
In the section “from date”: write from the first day of actual enjoyment of the convalescence and recovery regime after illness.
In the “to date” section: enter the last day of actual enjoyment of the convalescence and recovery regime after illness
In the “total” field: Enter the total number of days off, including public holidays, New Year’s Day, and weekends
In the form of subsidies:
• Leave blank if receiving cash’
• CK if transfer and specify the employee’s personal account information
• Social insurance: if received directly at the social insurance agency
Regarding the time limit for processing the application, within 10 days from the date the employee is eligible for the allowance for convalescence and health rehabilitation after illness or maternity, the employer shall make a list and submit it to the employer social insurance agencies. Within 10 days from the date of receipt of a complete dossier as prescribed, the social insurance agency shall settle and organize the payment to the employee in writing and clearly state the reasons for not settling.
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Frequently asked questions
According to the regulations, after 10 days from the date you are eligible to receive the post-maternity allowance, your company must make a list and submit it to the social insurance agency; After 10 days from the date of receipt of complete documents, the insurance agency will make payment.
According to current regulations, after being treated for Covid-19, within 30 days of returning to work, if an employee’s health has not yet recovered, he or she will be entitled to 5 days of convalescence and health rehabilitation (according to the provisions of this Law). 29 of the Law on Social Insurance 2014). The salary during the convalescence period is 30% of the base salary, ie 447,000 VND/day, totaling 2,235,000 VND.
Female employees right after enjoying the maternity regime specified in Article 33, Clause 1 or Clause 3, Article 34 of this Law, within the first 30 working days, but their health has not yet recovered, they shall be entitled to convalescence. health recovery from 05 days to 10 days.
Conclusion: So the above is Regulations on convalescence benefits under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
