Conditions for enjoying the sickness benefits for the employee who is sick or has an accident which is not an occupational accident and has to take leave and is certified by a competent medical facility as prescribed by the Ministry of Health.
Sickness allowance is paid according to the actual number of days off.
Mr. Ngo Thai Khoi (in Binh Thuan Province) went to see a doctor and was given a 5-day break from October 1, 2018 to October 5, 2018 on his leave to enjoy social insurance, however from October 1, 2018 to October 3, 2018, he still worked and was paid. On October 4, 2018 and on October 5, 2018, Mr. Khoi was sick and could not work, so he stayed at home.
Mr. Khoi would like to ask, will he be paid social insurance on October 4, 2018 and October 5, 2018? Is he fully contributed to social insurance?
Regarding this issue, The Vietnam Social Security answers as follows:
According to Article 25 of the Law on Social Insurance 2014, the conditions for enjoying the sickness benefits for the employee who is sick or has an accident other than an occupational accident must take leave and be certified by the medical examination and competent treatment facility according to the regulations of the Ministry of Health.
Comparing the above provisions, his case was appointed by the doctor to leave his job for 5 days (from October 1 to October 5, 2018) for outpatient treatment (a certificate of leave to enjoy social insurance), but in reality he only took 2 days leave (October 4 and October 5, 2018) to treat his illness, so he is paid a sickness allowance according to the number of days 2 days leave.