Procedures for taking leave to take care of sick children and receive social insurance – Details

What documents do parents need to take leave to receive social insurance when their child is sick? Conditions and procedures for taking leave to receive social insurance when their child is sick? Time and level of social insurance benefits when the child is sick.

I. Subjects entitled to social insurance benefits when taking leave to take care of sick children

Pursuant to Clause 1, Article 2 of the Law on Social Insurance 2014, the subjects entitled to social insurance (SI) benefits when taking care of sick children are employees (NLĐ) in one of the following cases:

• Employees working under a labor contract (LC) with a definite or indefinite term, a seasonal labor contract or a certain job with a term from 3 months to less than 12 months, including labor contracts signed with people under 15 years old;
• Employees working under labor contracts with a term from 1 month to less than 3 months; 
• Cadres and civil servants, public employees, officers, soldiers, national defense citizens, police, people working in key organizations;
• Business managers and executives, managers at cooperatives receive salaries;
• Employees who are foreign citizens working in Vietnam and participating in social insurance, have a work permit, practice certificate, practice license issued by a competent authority of Vietnam, have an indefinite-term labor contract, or a labor contract of 1 year or more will enjoy the same social insurance regime as Vietnamese employees.

II. Conditions and time off to take care of sick children to receive social insurance

1. Conditions for taking leave to take care of sick children and receiving social insurance

According to Clause 2, Article 25 of the Law on Social Insurance 2014, employees taking leave to take care of sick children are entitled to social insurance when meeting the following conditions:

• Must take time off work to take care of sick children under 7 years old;
• Have the original or a copy of the child’s discharge papers (if the employee’s child is an inpatient);
• Have a certificate of leave to receive social insurance (if the employee’s child is an outpatient).

2. Time off to take care of sick children and receive social insurance

Article 27 of the 2014 Law on Social Insurance specifically stipulates the maximum period of time employees are entitled to receive social insurance benefits within 1 year while taking care of sick children as follows:

• For children under 3 years old: Employees are entitled to a maximum of 20 working days/child;
• For children from 3 years old to under 7 years old: Employees are entitled to a maximum of 15 working days/child;
• In case both father and mother participate in social insurance and take leave to take care of a sick child, both will be entitled to receive benefits, but they are not allowed to exceed the maximum time allowed to receive benefits;
• The period of receiving social insurance when a child is sick is calculated based on the number of working days, excluding holidays, Tet, weekly and annual leave.

III. How to calculate social insurance benefits when taking leave to take care of a sick child 

The level of insurance benefits when taking care of sick children is stipulated in Article 28 of the Law on Social Insurance 2014 and is calculated according to the following formula:

For example:

You participate in social insurance with a salary of 8,000,000 VND, the health agency confirms that your time off work to take care of your sick child is 3 days (not including Saturday and Sunday), then the amount of money received from the social insurance regime to take care of your sick child is:

IV. Documents and procedures for taking leave to take care of sick children and receiving social insurance

1. What documents do parents need to take social insurance when their child is sick?

2. Procedures for taking leave to take care of sick children and receiving social insurance 

➨ For online applications

Step 1: The business logs into the Social Insurance account ➞ Select file number 630a ➞ Do the same as filling out a paper application.

Step 2: Tick the box “II. Sick child” and fill in the information on the discharge paper issued by the medical facility.

Step 3: The Social Insurance Agency receives, processes the application and sends an electronic application confirmation notice via email. 

Step 4: The enterprise renders the 630A file form, the child’s discharge papers (original) and prints the notice of receipt of the file that the Social Insurance agency has sent to the email, then sends the file set to the Social Insurance agency by post.

Step 5: The Social Insurance Agency receives the application and returns the results within 10 working days.

Step 6: Receive results – Employees receive social insurance benefits for sick leave to take care of children.

➨ For paper documents

Step 1: The enterprise fills in the information in form 01B-HSB in Section A – III. Sick child and fills in the number of days entitled to receive sick child care allowance issued by the health agency (similar to step 2 of the procedure for applying for sick child care leave to receive social insurance online).

Step 2: The enterprise submits form 01B-HSB with attached receipt of form PGNHS 201 and the child’s discharge papers (original) to the Social Insurance agency by post.

Frequently asked questions about sick leave with social insurance

1. An employee has a child under 2 years old who is sick and hospitalized from June 14, 2023 to June 16, 2023. When the child is sick, both husband and wife must take time off work to take care of him/her. So, in this case, will the social insurance sickness regime when the child is sick be applied to both husband and wife?

According to Clause 1, Article 27 of the Law on Social Insurance 2014, if an employee takes care of a child under 3 years old, the total number of days of sick leave entitled to social insurance is a maximum of 20 working days/year. 

In case both husband and wife participate in social insurance, both will be entitled to the same sick leave benefits. 

➨ Thus, in the above case, both husband and wife can apply for sick child benefits from the Social Insurance and the number of days they are entitled to is 3 days. 

2. The employee takes 4 days off to take care of a sick child, 2 of which fall on weekly days off, Saturday and Sunday. So, are employees entitled to insurance benefits when taking time off to take care of a sick child?

According to Article 27 of the Law on Social Insurance 2014, the time off to take care of sick children and receive social insurance is calculated based on the number of working days, excluding holidays, Tet holidays and weekly days off. 

In the above case, the employee will be entitled to 2 days off to enjoy social insurance benefits when their child is sick. If the employee’s company only allows Sundays off, the time off to take care of a sick child to enjoy social insurance benefits is 3 days (including 2 days during the week and Saturday).