The Ministry of Labour, Invalids and Social Affairs proposes to solicit opinions on the draft amended Social Insurance Law.
Proposed amendment to regulations on the level of sick leave benefits for employees
Accordingly, Article 42 of the draft amended Social Insurance Law proposes to stipulate the level of sick leave benefits for employees participating in mandatory social insurance as follows:
– Employees who receive sick leave benefits according to the provisions of Clause 1, Article 40, and Article 41 of the draft amended Social Insurance Law, the benefit level per month shall be 75% of the salary upon which social insurance premiums are based for the month immediately preceding the month of absence from work to receive sick leave benefits.
Employees who must be absent from work to receive sick leave benefits within the first month when they first participate in social insurance or return to work after quitting, the benefit level shall be 75% of the salary upon which social insurance premiums are based for that month.
– Employees who continue to receive sick leave benefits as prescribed in Clause 2, Article 40 of the draft amended Social Insurance Law, the benefit level shall be prescribed as follows:
+ 65% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work if they have paid social insurance premiums for 30 years or more.
+ 55% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work if they have paid social insurance premiums for 15 years or more but less than 30 years;
+ 50% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work if they have paid social insurance premiums for less than 15 years.
– Employees who receive sick leave benefits as prescribed in Clause 3, Article 40 of the draft amended Social Insurance Law, the benefit level shall be 100% of the salary upon which the social insurance premiums are based for the month immediately preceding the time of absence from work.
– The level of daily sick leave allowance is calculated by dividing the monthly sick leave allowance by 24 days.
– The level of half-day sick leave allowance is calculated as one-half of the daily sick leave allowance.
When calculating the level of sick leave allowance for employees who are absent from work to receive sick leave benefits for less than a full day, in case of absence from work to receive benefits for less than half a day, it shall be considered half a day; from half a day or more it shall be considered one day.
Currently, according to Article 28 of the Social Insurance Law 2014, the level of sick leave benefits for employees participating in mandatory social insurance is stipulated as follows:
– Employees who receive sick leave benefits according to the provisions of Clause 1 and Point a, Clause 2, Article 26, and Article 27 of the Social Insurance Law 2014, the benefit level per month shall be 75% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work.
In case employees have just started working or employees who previously had a period of paying social insurance premiums, then had a hiatus in working time and had to be absent from work to receive sick leave benefits within the first month of returning to work, the benefit level shall be 75% of the salary upon which social insurance premiums are based for that month.
– Employees who continue to receive sick leave benefits as prescribed in Point b, Clause 2, Article 26 of the Social Insurance Law 2014, the benefit level shall be prescribed as follows:
+ 65% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work if they have paid social insurance premiums for 30 years or more;
+ 55% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work if they have paid social insurance premiums for 15 years or more but less than 30 years;
+ 50% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work if they have paid social insurance premiums for less than 15 years.
– Employees who receive sick leave benefits as prescribed in Clause 3, Article 26 of the Social Insurance Law 2014, the benefit level shall be 100% of the salary upon which social insurance premiums are based for the month immediately preceding the time of absence from work.
– The level of daily sick leave allowance is calculated by dividing the monthly sick leave allowance by 24 days.
