Ms. Do Thi Lan (Quang Ninh) asked, during the time when employees take unpaid leave from 14 working days or more but still pay social insurance according to the agreement, if illness or maternity occurs, is the regime resolved?
Is it determined that the employee's agreement with the employer to continue paying social insurance according to Clause 5, Article 33 of the 2024 Social Insurance Law during the non-salaried leave period to be the time of social insurance participation as a basis for resolving insurance regimes?
Regarding this issue, Quang Ninh City Social Insurance answers as follows:
Based on point d, clause 2, Article 42 of the 2024 Social Insurance Law, effective from July 1, 2025, during sick leave that coincides with the leave period according to the provisions of labor law (including unpaid private leave, weekly leave, annual leave, holiday, Tet) who are on full-time leave according to the provisions of other specialized laws or are on maternity leave, health recovery leave according to the provisions of social insurance law are not entitled to sick leave benefits.
Comparing the above regulations, during the time of unpaid leave and illness arising, employees are not entitled to sick leave benefits.
In cases where employees take unpaid leave for 14 working days or more, and employees and employers agree to pay social insurance, that time is still counted as social insurance participation time to serve as a basis for calculating maternity benefits.
