TIME OF LEARNING SIZE, SITUATION, AND INSURANCE - OCCUPATIONAL DISEASE

When participating in Social Insurance (Social Insurance), Insurance for Occupational Accidents and Diseases (Insurance at Work - Occupational Disease), employees will have time off from work to enjoy the insurance regime as prescribed. Here are a few things that employees need to know about the legal period of insurance benefits

Based on Law on Social Insurance 2014, Law on Occupational Safety and Health 2014 and Circular 59/2015/TT-BLDTBXH, fixation the period of enjoyment of the social insurance, occupational accident and occupational disease insurance benefits :

A. SICK MODE
1. Sickness mode
a. For the case of working under normal conditions:
– 30 days: If you have paid social insurance for less than 15 years.
– 40 days: If the payment has been from full 15 years to less than 30 years.
– 60 days: If you have paid full 30 years or more.
The time off from work to enjoy the sickness regime is calculated by working days, excluding public holidays, New Year holidays, and weekly rest days.

b. For the case of doing heavy, hazardous, dangerous or particularly heavy, dangerous occupations or jobs or working in a place where the regional allowance coefficient is from 0.7 or higher:
– 40 days: If you have paid social insurance premiums for less than 15 years.
– 50 days: If the payment has been made from full 15 years to less than 30 years.
– 70 days: If the payment has been full 30 years or more.
The time off from work to enjoy the sickness regime is calculated by working days, excluding public holidays, New Year holidays, and weekly rest days.

c. For cases of diseases on the List of diseases requiring long-term treatment:
– Maximum 180 days including public holidays, New Year holidays, and weekends.
Upon the expiry of the above-said sickness benefit period, if they continue to receive treatment, they will continue to enjoy the sickness benefits at a lower rate but the maximum benefit period is equal to the period of payment of social insurance premiums.

2. Mode when the child is sick
– The period of enjoying the benefits when the children are sick in a year for each child is calculated according to the number of days of taking care of the children:
    + Up to 20 working days: if the child is under 03 years old.
    + A maximum of 15 working days: if the child is from full 03 years old to under 07 years old.
– The time off work to enjoy the regime when the child is sick is calculated by working days excluding public holidays, New Year holidays, and weekly rest days.

3. Conserve and restore health after illness
An employee who has taken a leave of absence from work and enjoys the sickness regime for a full period of one year as prescribed in Article 26 of the Law on Social Insurance 2014, within the first 30 days of returning to work but has not yet recovered his health, shall be entitled to: Convalescence and recovery as follows:
– Up to 10 days: for employees whose health has not yet recovered from illness due to illness requiring long-term treatment.
– Up to 07 days: for employees whose health has not yet recovered after being sick due to surgery.
– By 05 days: for other cases.
The time for convalescence and recovery includes public holidays, New Year holidays, and weekly rest days.

B. MATERNITY MODE
1. Mode for prenatal check-up
During pregnancy, female employees are entitled to take leave from work to go to antenatal care 5 times, 1 day each time; If the patient is far from medical examination and treatment establishments or the pregnant woman has a medical condition or an abnormal pregnancy, she is entitled to 2 days off for each prenatal check-up.
The time off from work to enjoy the maternity regime is calculated by working days, excluding public holidays, New Year holidays, and weekly rest days.

2. Regime for miscarriage, curettage, abortion, stillbirth or pathological abortion
In case of miscarriage, curettage, abortion, stillbirth, or pathological abortion, female employees are entitled to take maternity leave as prescribed by competent medical examination and treatment establishments. The maximum leave time is as follows:
– 10 days: if the pregnancy is less than 5 weeks old.
– 20 days: if the pregnancy is from 5 weeks to under 13 weeks.
– 40 days: if the pregnancy is from 13 weeks to less than 25 weeks.
– 50 days: if the pregnancy is 25 weeks or more.
The time off from work to enjoy the maternity regime includes public holidays, New Year holidays, and weekly rest days.

3. Childbirth mode
a. For female workers
Female employees giving birth are entitled to maternity leave before and after giving birth for 6 months.
In case female employees have twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave.
The maximum period of maternity leave before giving birth is not more than 02 months.

b. For male workers
Male employees who are paying social insurance premiums when their wives give birth to children are entitled to maternity leave as follows:
+ 05 working days.
+ 07 working days when the wife gives birth to a child requiring surgery, giving birth to a child under 32 weeks old.
+ 10 working days when the wife gives birth to twins or triplets or more, each additional child is entitled to 03 more working days.
+ 14 working days when the wife gives birth to twins or more and has to have surgery.
This maternity leave period is calculated within the first 30 days from the date the wife gives birth.

4. Maternity regime of female surrogacy workers and mothers asking for surrogacy
a. For female employees who are surrogate mothers
A female gestational surrogacy worker is entitled to benefits for antenatal check-ups, miscarriage, abortion, abortion, stillbirth or pathological abortion, and benefits for childbirth until the time of handing the child over to the mother asking for surrogacy. But not exceed the time specified in the 'Registration for childbirth' above.
In case, from the date of birth to the time of handing over the child, the maternity leave period is less than 60 days, the surrogate mother is still entitled to the maternity regime until full 60 days, including public holidays, Tet holiday, weekly rest day.

b. For the mother asking for surrogacy
The mother who asks for surrogacy is entitled to the maternity regime from the time of receiving the child until the child is full 6 months old.

5. Regime when adopting a child
Employees who adopt children under 6 months old are entitled to take maternity leave until the child is full 6 months old. In case both parents participating in social insurance are eligible to enjoy the maternity regime specified in Clause 2, Article 31 of the Law on Social Insurance 2014, only one parent is entitled to a leave of absence from work to enjoy the regime.

6. Regime when taking contraceptive measures
The employee is entitled to the maternity regime when taking contraceptive measures as specified by the competent medical examination and treatment establishment. The maximum time off work is regulated as follows:
– 07 days for female employees who put on an IUD;
– 15 days for employees who take sterilization measures.
This maternity leave period includes public holidays, New Year holidays, and weekly holidays.

7. Conserve and restore health after maternity
The number of days for convalescence and rehabilitation shall be decided by the employer and the grassroots trade union executive committee, in case the employer has not established a grassroots trade union, it shall be decided by the employer. Determined. The time for convalescence and rehabilitation is prescribed as follows:
– Up to 10 days for female employees who give birth once with two or more children.
– Up to 07 days for female employees who have to undergo surgery after giving birth.
– Up to 5 days for other cases.
The time of convalescence and recovery includes public holidays, New Year holidays, and weekly rest days. In case there is a period of convalescence and health rehabilitation from the end of the previous year to the beginning of the next year, that time off shall be counted for the previous year.

C. OCCUPATIONAL ACCIDENT AND OCCUPATIONAL DISEASE MODE
The number of days of convalescence and health rehabilitation shall be decided by the employer and the grassroots trade union executive committee, if the employer has not yet established a grassroots trade union, it shall be decided by the employer. Determined. The time for convalescence and rehabilitation is prescribed as follows:
– Up to 10 days for cases of occupational accidents or diseases with a decrease in working capacity of 51% or more.
– Up to 07 days for cases of occupational accidents or diseases with a decrease in working capacity from 31% to 50%.
– Up to 5 days for cases of occupational accidents or diseases with a decrease in working capacity from 15% to 30%.

Good luck!



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