What Are the Circumstances Under Which an Employee Is Not Eligible for Sick Leave?

The new Social Insurance Law of 2024, which comes into effect on July 1st, 2025, outlines four specific scenarios in which employees who are social insurance participants will not be eligible to receive sickness benefits.

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According to statistics, in 2023, over 8.8 million people claimed sickness, maternity, and health recovery benefits. In the first seven months of 2024, Vietnam’s Social Insurance sector processed the claims of 560,840 people for the same benefits.

This shows that the sickness benefit has helped share the burden of mandatory social insurance participants who face health risks and need to take time off or care for sick children.

However, there are cases where workers are not eligible for sickness benefits.

Social Insurance officials in District 7, Ho Chi Minh City, propagating Social Insurance Law to workers

Specifically, Article 42 of the amended Social Insurance Law of 2024 states that workers are not entitled to sickness benefits in the following cases:

– Self-inflicted injuries or self-harm

– Use of narcotic drugs or drug precursors as listed by the Government, except when using precursor-containing drugs or combination drugs with precursors as prescribed by medical practitioners at healthcare facilities

– During the initial period of leave for treatment and vocational rehabilitation due to work-related accidents or occupational diseases

– During leave that coincides with statutory leave under labor laws or when on leave with full pay, or on maternity, health recovery, or other social insurance benefits as stipulated by law.

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