A reader who has email minhhuongx @ xxx asking: I had a labor accident and was entitled to a lump-sum allowance. Due to my weak health, I was appointed by the doctor to take 7 more days off. Was I entitled to 7 days of convalescence and convalescence leave? Lawyer Pham Thi Hang, YouMe Law Firm replied: Article 54 of the Law on Occupational Safety and Sanitation 2015 provides for convalescence and health rehabilitation after treatment of injuries and diseases as follows:
1. An employee whose health has not yet recovered after taking treatment of occupational diseases or injuries within 30 days after returning to work is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation for each time that occupational accident or occupational disease occurs.
If the employee has not been received the conclusion on assessment of decreased work capacity made by Medical Examination Council within 30 days after returning to work, the employee is still entitled to benefits from convalescence and health rehabilitation after injury and disease treatment prescribed in Clause 2 of this Article if the Medical Examination Council concludes that his/her decreased work capacity is entitled to the insurance.
2. The number of days of a leave for convalescence and health rehabilitation shall be jointly decided by the employer and Executive board of internal trade union or by the employer in case the internal trade union has not been set up. In particular:
a) Within 10 days regarding any employee suffering a working capacity decrease of at least 51%;
b) Within 07 days regarding any employee suffering a working capacity decrease of between 31% and 50%;
c) Within 05 days regarding any employee suffering a working capacity decrease of between 15% and 30%;
3. The per-diem benefit of convalescence and health rehabilitation for each employee prescribed in Clause 1 of this Article shall equal 30% of the base salary.
Because you are effected by a labor accident and have been paid a lump-sum benefit, you will be entitled to convalescence and health rehabilitation after the treatment of injury or disease according to the above-cited regulations.
Please contact the free legal advice hotline 19008088 - call the hotline: 0979310518; 0961360559 to get a prompt answer, or send us an email: email@example.com or to 6 Pham Van Bach, Hanoi and 198 Nguyen Thi Minh Khai, Ward 6, District 3, Ho Chi Minh City for Counseling in person on Tuesday and Friday weekly.
The column was made with support from YouMe Law Firm.