According to the provisions of the 2014 Social Security Law, the Minister of Health determines the form, procedure, and authority to issue leave certificates to enjoy social security, hospital discharge letters, and other documents as the basis for enjoying social security. The Ministry of Health has issued an Official Letter No. 1492/KCB-PHCN&GD dated November 19, 2021, Official Letter No. 238/BYT-KCB dated January 14, 2022, in which there is a file on the right to sick benefits for sick employees. comply with the provisions of Clauses 1 and 2, Article 100 of the 2014 Social Security Law; Paragraphs 1 and 2, Article 21 of the Circular of the Ministry of Health Number 56/2017/TT-BYT. In particular, the application for allowances (for employees with F0 status or who care for children under 7 years old is F0) includes the following documents:
– For employees who are receiving inpatient treatment F0 : Hospital discharge paper.
– For employees with F0 status for outpatient treatment: Certificate of leave to enjoy social insurance or certificate of discharge from the hospital shown by a doctor, the treating doctor provides additional leave after the inpatient treatment period.
Sample letter of leave to enjoy social insurance.
Regarding the level of enjoyment, Article 1 Article 28 of the 2014 Social Security Law states, during leave employees are entitled to 75% of the salary paid for social security the previous month before leaving.
To enjoy the disease regime after the treatment is finished COVID-19, the employee must return to the employer a copy of the hospital discharge certificate (for inpatient treatment); Social Insurance Leave Certificate or Hospital Exit Certificate shown by the doctor, the treating doctor provides additional leave after the treatment period (for outpatient treatment) within 45 days from the date of returning to work. to a social insurance agency.
After receiving the resignation letter for social insurance, the company must make a list of requests for completion of sick and maternity benefits, DSPHSK (form No. 01B-HSB) and then submit all documents to the agency. paid.
The time limit for companies to submit documents is up to 10 days from the date of receipt of employee documents.
The social insurance agency will handle the benefits for employees within 6 working days from the date of receipt of the complete file as specified. Employees can receive money through bank accounts or employers.
Under Article 29 of the 2014 Social Insurance Law, after being treated for another illness or Covid-19, if an employee is absent from work and enjoys sick benefits for a period of one year as specified, but within 30 days he returns to work If the worker’s health has not recovered, he has the right to health recovery and rehabilitation.
The rest period for health recovery and rehabilitation in this case will be determined by the employer and the grassroots union executive committee, but may not exceed 10 days for employees whose health has not yet recovered. term treatment; Up to 07 days for employees whose health has not recovered after being sick due to surgery; Equal to 05 days for other cases.
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