Exploring Sick Child Care Duration and Social Insurance Benefits for employees in Viet Nam.
1. Sick Child Care Duration for Employees:
The duration of sick child care benefits within a year:
- Children under 3 years old: Up to a maximum of 20 days of child care.
- Children from 3 to under 7 years old: Up to a maximum of 15 days of child care.
These care days are calculated based on working days, excluding public holidays, weekends, and Tet holidays. The time frame for eligibility spans from January 1st to December 31st of the Gregorian calendar.
If both parents participate in the social insurance program, they have the option to take turns in caring for the children. The maximum duration of leave for either the father or mother is determined in accordance with the aforementioned guidelines.
Relevant Legal References: Article 27, Social Insurance Law 2014; Article 5, Circular 59/2015/TT-BLĐTBXH.
2. Duration of sickness regime for Employee:
The duration of sickness regime for for each child within a year:
– Children under 3 years old: Maximum 20 days of child care
– Children from 3 to under 7 years old: Maximum 15 days of child care.
The time frame is from January 1st to December 31st of the Gregorian calendar. This time frame does not depend on the date of joining the social insurance scheme.
In cases where an employee has two or more children under 7 years old who are sick at the same time, the duration of sickness regimefor is calculated based on the actual time the employee takes off work to care for the sick children:
If both the father and mother participate in social insurance, they can take turns taking time off to care for the children. The maximum duration of leave for the father or mother is determined according to the guidelines mentioned above.
(Article 27, Social Insurance Law 2014; Article 5, Circular 59/2015/TT-BLĐTBXH)
3. Employee’s benefits of social insurance:
The benefit for sickness regimefor, as regulated by the Social Insurance Law, is calculated on a monthly basis. It is equal to 75% of the monthly social insurance premium paid in the month immediately preceding the sickness regimefor. The daily sickness regimefor allowance is calculated by dividing the monthly sickness regimefor allowance by 24 days.
The sickness regimefor benefit amount = (Monthly social insurance premium paid in the previous month : 24 days) x 75% x Number of days on sickness regimefor .
(Article 28, Social Insurance Law 2014)
4. Employees documents:
– Discharge certificate from the hospital if the child receives inpatient treatment (Original or copy)
– Certificates of leave covered by social insurance if the child receives outpatient treatment.
In the case of children receiving medical treatment abroad, the documents can be substituted with a Vietnamese translation of the medical certificates issued by the foreign medical facility.
(Article 100, Social Insurance Law 2014)
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
