According to Vietnam Social Insurance, from July 1, 2025, according to the Social Insurance Law 2024, employees participating in compulsory social insurance (SI) will enjoy sick leave when having to take a day off to take care of a child under 7 years old who is sick.
This regulation is considered to continue expanding social security policies, creating conditions for parents to feel secure in taking care of their young children without affecting their income too much.
According to Article 42 of the Social Insurance Law 2024, taking care of sick children under 7 years old is one of the cases where employees are entitled to sick leave. The policy is built to support workers at a time when their children are young and susceptible to illness, and need someone to directly care for them.
However, the law also clearly stipulates some cases that are not entitled to this regime. Employees will not be paid sick leave when the childcare leave coincides with the leave periods according to the provisions of labor law; are on leave with full salary according to specialized laws; or are during the period of maternity and health care regime according to the regulations on social insurance.
The sick leave period is stipulated in Article 44 of the Law on Social Insurance 2024. Accordingly, each year (from January 1 to December 31), employees can take up to 20 working days off to take care of sick children under 3 years old. For children aged 3 to under 7, the maximum number of days off is 15 working days for each child.
If both father and mother participate in compulsory social insurance, each person is entitled to retire according to a separate regulation, not to combine with each other. The holiday is calculated based on working days, excluding holidays, Tet or weekly days off.
Specifically as follows: Children under 3 years old: Father is entitled to a maximum of 20 days off; mother is also entitled to a maximum of 20 days off. Children from 3 to under 7 years old: Father has a maximum of 15 days off; mother has a maximum of 15 days off.
This regulation allows both parents to flexibly arrange work to take care of their children during sickness while still ensuring the rights according to the law.
The benefit level is equal to 75% of the salary for social insurance contributions
The sickness allowance for caring for children under 7 years old is determined according to Clause 2, Article 45 of the Social Insurance Law 2024. Employees are entitled to 75% of their salary as the basis for social insurance contributions in the month immediately preceding the month of childcare leave.
The calculation of the benefit level is as follows:
1-month benefit level = 75% × salary as the basis for social insurance contributions of the month before retirement.
1 day's benefit = 1 month's benefit of 24 days.
Half-day benefit = 1 day ÷ 2 benefit.
Notably, the new law allows employees to take half a day or less of a full day off to still receive the corresponding allowance. If you take a break of less than half a day, the half-day allowance will be calculated; if you take a break of less than half a day, the one-day allowance will be calculated.
These regulations help workers have more flexibility in applying for leave to take care of young children, especially when children only need to monitor their health at home for a short time.
Application for benefits
The Social Insurance Law 2024 and Decision 863/QD-BNV dated August 7, 2025 provide detailed instructions on the dossier and procedures for settling sick leave benefits, including cases of caring for sick children under 7 years old.
The application for the regime depends on whether the children of the employee are being treated as a boarding or outpatient or treated abroad:
1. In case of children receiving inpatient treatment:
Employees need to provide one of the following documents: discharge certificate; summary of medical records; or other documents proving the treatment process. Employers shall make a list of employees on sick leave according to form 01D-HSB to send to the Social Insurance agency.
2. In case of outpatient treatment:
Employees submit a certificate of leave to receive social insurance; or a discharge letter clearly stating the duration of outpatient treatment after inpatient treatment; or a summary of medical records stating the indication for outpatient treatment. Employers make a list similar to the above.
3. Children being treated abroad:
Medical examination and treatment documents issued by foreign medical facilities are required, clearly stating the name of the disease and the treatment time. The dossier must be accompanied by a certified Vietnamese translation and consular legalization (except for cases where international treaties have other provisions).
Supplementing, clarifying and perfecting regulations on sick leave regimes for children under 7 years old will contribute to better protecting the rights of workers, especially young families with young children. The new policy also helps parents be more proactive in arranging work and taking care of their children's health without worrying too much about income.
