Sickness benefit levels under new law

Office of Legal Consulting of Lao Dong Newspaper replied:

Article 45 of the Social Insurance Law 2024 stipulates on sickness benefits as follows:

1. The level of sickness benefit is calculated monthly and based on the following:

a) Salary used as the basis for social insurance payment of the month most recent before the month of sick leave;

b) Salary used as the basis for social insurance payment of the first month of participating in social insurance or the month of re-participation if having to take sick leave in the first month of participating or the month of re-participation.

2. The level of sickness benefits for employees prescribed in Clause 1, Article 43 and Article 44 of this Law is equal to 75% of the salary used as the basis for social insurance contributions prescribed in Clause 1 of this Article.

3. The level of sickness benefits for employees prescribed in Clause 2, Article 43 of this Law is calculated as follows:

a) Equal to 65% of the salary used as the basis for social insurance contributions as prescribed in Clause 1 of this Article if compulsory social insurance contributions have been made for 30 years or more;

b) Equal to 55% of the salary used as the basis for social insurance payment as prescribed in Clause 1 of this Article if compulsory social insurance has been paid for 15 years to less than 30 years;

c) Equal to 50% of the salary used as the basis for social insurance payment as prescribed in Clause 1 of this Article if compulsory social insurance payment has been made for less than 15 years.

4. The level of sickness benefits for employees prescribed in Clause 3, Article 43 of this Law is equal to 100% of the salary used as the basis for social insurance contributions prescribed in Clause 1 of this Article.

5. The daily sickness benefit is calculated by dividing the monthly sickness benefit by 24 days. The half-day sickness benefit is calculated by half the daily sickness benefit.

When calculating the sick leave allowance for employees who take sick leave for less than a full day, absence from work of less than half a day is counted as half a day; from half a day to less than one day is counted as one day.

6. The Minister of Labour, War Invalids and Social Affairs shall prescribe in detail the working days; prescribe the calculation and determination of conditions for each case to resolve the sick leave regime.

Thus, depending on the social insurance participant and the number of years of social insurance contribution, the sickness allowance is calculated as above.