I am currently working in a private company on an indefinite-term labor contract. Recently, I have spinal pain and I have to have surgery. According to my doctor's orders and my wish, I want to take 2 months off to recover my health. I want to ask my lawyer how many days off I can get for treatment in accordance with the Labor Law? During this time, do I have to pay Social Insurance, Health Insurance, Unemployment Insurance? Sincerely faithful!
Because you are an employee working under an indefinite term labor contract, the sickness benefits will be settled according to the provisions of Clause 1, Article 26 of the Law on Social Insurance 2014, specifically:
1. The maximum period of enjoying the sickness regime in a year shall be counted in working days, excluding public holidays, New Year holidays, and weekends, and is specified as follows:
- For employees working under normal conditions and paying social insurance premiums for less than 15 years: 30 days. If they have paid social insurance premiums for between full 15 years and under 30 years, this period is 40 days. If they have paid social insurance premiums for the full 30 years or more: 60 days.
- 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 and they have paid social insurance premiums for under 15 year, this period is 40 days. The period will be 50 days if they have paid social insurance premiums for between full 15 years and under 30 years; or 70 days, if they have paid social insurance premiums for full 30 years or more.
Under the provisions of Circular 46/2016 / TT-BYT, dated December 30, 2016 promulgating the List of diseases requiring long-term treatment, diseases related to the spine such as ankylosing spondylitis, degenerative spine, cervical disc disease, spinal pain, spinal pathology of other classified diseases, other unclassified spinal pathology, traumatic or complicated spinal injury are all in the list of the disease requires long-term treatment. Therefore, if you suffer from the above-mentioned spine-related diseases, you will be entitled to the sick leave period specified in Clause 2, Article 26 of the Law on Social Insurance 2014:
a) 180 days at most in a year, including public holidays, New Year holidays, and weekends;
b/ If employees still need treatment after the expiration of the period specified at Point a of this Clause, they are entitled to continue enjoying the sickness regime for a shorter period not exceeding the period of social insurance premium payment.
According to the provisions of Clause 5, Article 42 of the Decision No. 595/QD-BHXH on the management of social insurance collectors, “An employee who takes leave due to sickness for at least 14 working days in a month in accordance with regulations of law on social insurance is not required to pay insurance contributions and premiums but still receives benefits from health insurance.”
Base on those regulations, if you take sick leave of 14 working days or more in a month, you and your company will not have to pay unemployment insurance, accident insurance, and unemployment insurance, but you can benefit from health insurance.
FDVN Law Firm
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