Can an employee who is sick while on annual leave receive sick pay?

(PLO)- The social insurance agency will not settle the sickness regime in case the employee suffers an illness or an accident that is not an occupational accident during the period of annual leave…

The Law on Social Insurance stipulates that employees participating in compulsory social insurance will be entitled to sickness benefits if they are sick but have to take leave from work, prescribed by a doctor. However, in fact, there are cases such as employees getting sick while applying for annual leave.

Will the employee be entitled to sick pay during that time?

People do procedures at the social insurance agency. Photo: NGUYEN NHI

Regarding this issue, point c, clause 2, Article 3 of Circular 59/2015 of the Ministry of Labour, Invalids and Social Affairs stipulates that the social insurance agency will not settle the sickness regime in case the employee is sick or has an accident. accidents that are not occupational accidents during the period of annual leave, personal leave, unpaid leave in accordance with the provisions of the labor law; take leave to enjoy the maternity regime in accordance with the law on social insurance.

The above regulation is appropriate because in principle, the social insurance regime (including the sickness regime) is to compensate or replace part of the employee’s income when they have a reduction or loss of income due to sickness, maternity, labor accident, occupational disease, end of working age or death, on the basis of contributions to the social insurance fund.

On that basis, in case the employee is taking annual leave, that is, taking a leave of absence with full salary, the employee will not be entitled to the sickness regime, even if he is instructed to take leave by the doctor.

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