Is it insured when you take paid leave? What does the law regulate?

In addition to paid leave, the employee is entitled to unsymed leave. However, in practice, very few workers know about information related to this type of subsidy. So is paid leave covered?

 
Is paid leave covered?

Question:Hello Lawyer, I am an accountant at a company in Ho Chi Minh City, now I have just asked the company for paid leave on the reason that I took a baby break and was agreed by the company's leaders. However, I wonder if it is my case when I take an unsymed leave, so does a paid leave have to pay insurance? does this period of unsymed leave interrupt the continuous insurance premium? I'd like to thank you.

Counsel: Thankyou for asking questions to DFC Law Firm, I and my partner would like to advise you as follows:

1. Advice on unsymed leave

According to the provisions of the Labor Code 2012, there are two cases of unsymed leave and paid leave. In case of paid leave as prescribed in Clause 1, Article 116 of the Labor Code 2012, the employee may leave for his/her own reasons but still be entitled to salary in the following 3 cases:

- The first is to take 03 days off and still be paid if the employee is off to marry;

- The second is to take 01 day off still entitled to salary if the employee breaks to attend the child's wedding;

- The third is to take 03 days off in case the employee asks for leave due to the death of his/her biological father, mother-in-law, mother-in-law or father-in-law; dead wife or husband; child dies.

Thus, the employee will be on leave but not paid if he/she does not belong to one of the above cases or does not belong to one of the cases agreed in the signed labor contract (as stipulated in Clause 3, Article 116 of the Labor Code 2012).

In addition, employees are also allowed to take 01 day off without notice in case their grandfathers, grandmothers, grandparents, grandparents, siblings die; married parents; siblings are married.

2. Is paid leave advice covered?

According to Clause 4, Article 42 of Decision 595/QD-Social Insurance stipulating that employees who do not work and are not paid for full 14 days or more in a month do not pay social insurance premiums that month, this time will not be counted for social insurance.  

In addition, according to Clause 1.7 Article 38 of Decision 959/Social Insurance if the employee does not work and does not receive a salary of 14 days or more in the month, that month does not have to pay social insurance that month and is not counted at the time of entitlement to social insurance except for maternity.

In case the employee quits his/her job and enjoys maternity benefits for at least 14 days in 1 month, such unit and employee are not required to pay social insurance or unemployment insurance but this time is still counted as participating in social insurance but not counted in the time of unemployment insurance premium

So in your case, you are taking leave to enjoy maternity benefits is in the case of applying for leave without insurance, and the time you leave is not counted in the period of unemployment insurance premiums but is counted in the time of participation in social insurance.

In addition, during the time of leave to enjoy maternity benefits, according to Clause 1.8 Article 38 of Decision 959/Social Insurance, employees still have to pay health insurance and this insurance will be paid by the social insurance agency.

The above is the entire content of the consultation that the DFC Law Office and its partner send to you about the question"paidleave is covered ", if there are any legal issues that need to be answered, please contact us via the free legal advice hotline 1900.6512 for direct, free advice.

Ls. Le Minh Cong