The Ministry of Home Affairs has just issued detailed instructions on a number of articles of the Law on Social Insurance (SI) on compulsory social insurance, clearly stipulating special cases entitled to sick leave.
The sick leave regime according to the Social Insurance Law 2024 is guided in detail by the Ministry of Home Affairs in Section 1, Chapter II of Circular No. 12/2025/TT-BNV.
Article 3, Circular 12 stipulates how to determine cases of sick leave. Accordingly, employees participating in compulsory social insurance are considered for resolution of sick leave in 6 cases specified in Clause 1, Article 42 of the Law on Social Insurance.
Specifically as follows:
- Treatment of diseases other than occupational diseases.
- Treatment of accidents other than work accidents.
- Treatment of accidents when traveling from place to place of work or from work to place of residence by route and at reasonable times according to the provisions of law on occupational safety and hygiene.
- Treatment and rehabilitation of labor functions when disabled or have recurring illnesses due to work-related accidents, occupational diseases or accidents while traveling from place of residence to work or from workplace to place of residence by road and at reasonable times.
- Improving, removing, and transplanting tissues and organs of the human body according to the provisions of law.
- Caring for a sick child under 7 years old.
In addition to the 6 cases specified in Article 42 of the Law on Social Insurance, Circular 12 guides 4 special cases entitled to sick leave:
- Female workers return to work before the end of their leave to enjoy maternity benefits when giving birth.
- The father or guardian does not take time off work when receiving maternity benefits.
- Female employees are required to surrender, the female employee's husband is required to be surrogate or the person directly raising him or her.
- Employees during the period of suspension of contributions to the pension and death fund.
