Lawyer Nguyen Ngoc Linh - Lawyer of Quoc Thai Law Office, Hanoi Bar Association - advised as follows:
According to current regulations in Clause 2, Article 26 of the Law on Social Insurance (SI) 2014, employees with long-term illnesses will enjoy a maximum sick leave of 180 days, including holidays, Tet holidays, and weekly days off.
However, the Social Insurance Law 2024 will have an important change when removing the regulation allowing employees to take up to 180 days off for long-term sick leave.
Instead, the Law stipulates that the sickness allowance will be calculated according to a specific period of time, with a rate of 75% of the social insurance salary, depending on the number of years of social insurance contributions of the employee.
Specifically, employees will be entitled to sick leave with a salary of 75% at different times, as follows:
- Working in normal conditions:
+ 30 days if you have paid social insurance for less than 15 years.
+ 40 days if the payment has been made for 15 years to less than 30 years.
+ 60 days if paid for 30 years or more.
- Doing a heavy, toxic, dangerous or especially heavy, toxic, dangerous job or work in a particularly difficult area:
+ 40 days if you have paid social insurance for less than 15 years.
+ 50 days if the payment has been made for 15 years to less than 30 years.
+ 70 days if paid for 30 years or more.
After the above leave period expires but a person with a long-term illness still needs to continue treatment, he/she will still be entitled to a lower sick leave according to Clause 3, Article 45:
Eight 65% of salary used as the basis for social insurance contributions if having paid compulsory social insurance for 30 years or more;
equal to 55% of the salary used as the basis for social insurance contributions if having paid compulsory social insurance for 15 years to less than 30 years;
equal to 50% of the salary used as the basis for social insurance contributions if you have paid compulsory social insurance for less than 15 years.
Thus, from July 1, 2025, employees with diseases on the list of long-term treatment needs of the Ministry of Health will no longer enjoy the maximum regime of 180 days as at present.
