Conditions for receiving the regime
Employees subject to compulsory social insurance will enjoy health care and recovery after illness when meeting the following conditions:
Having quit his job and enjoyed sick leave for 30 days or more in a year.
After returning to work, within 30 days from the date of sick leave, if health has not yet recovered, they will be considered for strength rest and health recovery.
Employees who are on annual leave, on personal leave, on unpaid leave according to the provisions of labor law; on paid leave according to other specialized laws; or who do not quit their jobs will not enjoy this regime.
Regime-free leave
The time for rest and recovery is decided unanimously by the employer and the Executive Committee of the grassroots trade union. In case the two sides have different opinions, the employer will decide based on the proposal of the Executive Committee of the grassroots trade union. If the unit does not have a grassroots union, the decision-making right belongs to the employer.
Maximum holiday time is 10 days/year (from January 1 to December 31), specifically:
10 days: Workers have not recovered from illness due to illness that requires long-term treatment.
07 days: Workers have not recovered from illness and have to undergo surgery.
05 days: Other cases of illness.
The holiday is calculated continuously, including holidays, Tet and weekly days off. The employee is entitled to take a break in each year, the break time is calculated for that year. In case the leave is changed from the end of the year to the beginning of the following year, the leave period is calculated for the previous year.
How to calculate the benefit level
The benefit for each day of rest and recovery after illness is 30% of the reference level.
Currently, the reference level is the basic salary of VND 2,340,000/month. Accordingly, for each day of rest and recovery after illness, workers receive 702,000 VND.
Procedures for resolving the regime
Within 07 working days from the date the employee is on leave to enjoy the health care and recovery regime, the employer shall make a list and send it to the social insurance agency.
Within 07 working days from the date of receipt of the list, the social insurance agency must resolve the issue. If not resolved, it must be responded in writing and the reason must be stated.
It can be seen that regulations on health care and recovery regimes after illness are strictly developed but flexible, ensuring legitimate social security rights for employees, avoiding disadvantages after treatment.
