Reader’s email as email@example.com sent an email to the Legal Advice’s Office of the Labor Newspaper and asked. I had 2 children under 7 years old who were admitted to the hospital and then discharged at the same hour and day. When I submitted the hospital discharge certificate to the Company to solve the regime, I received an answer that only one child was received benefits. The reason was because 2 children are hospitalized and discharged from the hospital together, is this answer correct? The Legal Consulting Office of Lao Dong newspaper answers as bellows:
Article 27, the Law on Social Insurance 2014 regulates the period of time to enjoy benefits when children are sick as follows: 1. The period of enjoying the benefits when children are sick for one year for each child is calculated according to the maximum number of child care days of 20 working days if the child is under 3 years old; Maximum of 15 working days if the child is from 3 years old to under 7 years old.
2. In case both father and mother participate in the social insurance, the period of time to enjoy the benefits upon the sickness of each father or mother is specified in Clause 1 of this Article. The time of leave to enjoy the regime when a child is ill specified in this Article is based on working days. Clause 1, Article 5, Circular 59 of 2015 specifies the provisions on period of time to enjoy benefits when children are sick as follows:
1. The maximum period of time to enjoy the benefits when a child is ill in a year for each child specified in Clause 1, Article 27 of the Law on social insurance is calculated according to working days. This period of time is counted from First January to December 31 of the calendar year, regardless of the time the employee starts to participate in social insurance.
a) If an employee with two or more children under 7 years of age becomes ill, the time to enjoy the benefits when the child is sick is calculated by the actual time the employee takes leave to take care of the sick child; The maximum period of time an employee can leave work in a year for each child is specified in Clause 1, Article 27 of the Law on social insurance.
In addition, Point c, Clause 1, Article 5 of the Circular 59/2015 / TT-BLDTBXH stipulates: If both parents participate in compulsory social insurance and take leave to care for sick children, both parents are all entitled to benefits when their children are sick; The maximum period of time to enjoy the benefit when the child is ill in one year of the father or mother for each child as prescribed in Clause 1, Article 27 of the Law on social insurance.
Therefore, the time off work to take care of 2 sick children is the actual time you have taken leave to take care of 2 children and subtract days off the week (if any) during this period. Please note, if your husband also participates in social insurance and also leaves his job to take care of your child, both of you will be entitled to the benefits when your child is sick.
According to NAM DUONG (Lao Dong newspaper)