• QUESTION AND ANSWER
Sender:
From the reader
Email:
huyenmytran61@gmail.com
Send Date:
10/10/2020
Fields:
FAQ
Status
Replied
Content:

My company has a couple who both contribute to compulsory social insurance and gave birth to an 11-month-old baby (with health insurance). Due to the child's illness, from September 4, 2020 to September 11, 2020, both of them asked for leave to stay in the hospital to take care of the child. But from September 9, 2020 to September 11, 2020, the wife was hospitalized again due to a fever virus. If so, will the wife be entitled to sickness regime from September 4, 2020 to September 8, 2020 and then will she have to go through the sickness procedures for herself from September 9 to September 11? Will the mother be entitled to both or to the above separate regimes?

Answer by:
VSS
Answer Date:
14/10/2020
File attachment:
Answer:

Under the provisions of Clause 1, Article 25 of the Law on Social Insurance, the conditions for enjoying the sickness regime include:

- Employees who have to take leave due to sickness or accidents other than labor accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.

- Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.

In your case, the mother is participating in social insurance and took leave to take care of her sick child (from September 4, 2020 to September 11, 2020) and also suffered from sickness (from September 9, 2020 to September 11, 2020). If she has the certification of a competent health establishment under the Ministry of Health’s regulations, she can enjoy the sickness regime according to the regulations. The period of leave to enjoy the regime upon the child's sickness is from September 4, 2020 to September 8, 2020 (before the time the mother was hospitalized due to her illness on September 9, 2020) is not included in the time off work due to the mother herself was sick. Thus, for entitlement to the sickness regime for the employee, the employer must compile a dossier to request the settlement of two separate regimes, which include the sick self and the sick child.

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