Benefits enjoyed when participating in social insurance is one of the issues that employees are interested in. One of the problems is the postoperative rest.
Postoperative rest
Recently, DFC Law Firm has received a lot of questions related to this issue.
1. Postoperative rest
Postoperative support is the regime that employees are entitled to when they participate in social insurance in accordance with law and enjoy this regime after they perform surgery.
2. Time to enjoy the benefits
In accordance with the current law, employees who have taken leave to enjoy full-time postoperative leave for 01 year as prescribed, within the first 30 days of returning to work but the health of employees who have not yet recovered, they are entitled to further rest and rehabilitation. Specifically as follows:
+ Employees are allowed to take up to 07 days off in case the employee has not recovered from the sickness period.
It should be noted:
- Time to rest, rehabilitation of employees when taking leave after surgery including holidays, holidays, weekly holidays.
- In case if the time of rest and rehabilitation of employees from the end of the previous year forward to the beginning of the following year, such time off is calculated for the previous year.
- Employees are allowed to take 07 days off when they have not recovered from the time of illness due to surgery
3. Entitlement to benefits
According to the provisions of law, employees who enjoy postoperative leave are entitled to a daily subsidy equal to 30% of the base salary.
- From 01/01/2020, the base salary is VND 1,490,000/month, according to current regulations every day, employees are entitled to support benefits: 30% x 1,490,000 VND = 447,000 VND.
4. Dossiers of entitlement to benefits
*Workers should be prepared:
- Discharge certificate of inpatient treatment workers where treatment. In case the employee receives outpatient treatment, he/she must have a certificate of leave to enjoy social insurance (original). In case of overseas medical examination, a translation of the discharge paper of such facility is required.
- In case of transfer of medical examination and treatment during inpatient treatment, there are additional copies of transfer papers or transfer papers where treatment has been carried out.
- Giấy tờ nhân thân chứng minh thư, sổ hộ khẩu (nếu cần thiết)
*For employers when applying for postoperative leave benefits for employees who need:
- In addition to collecting the employee's dossier, the employee will make a list according to the form (01B-HSB) to submit with respect to the employee's collection dossier.
5. Term of entitlement to benefits
Within 10 days after the employee is eligible for postoperative leave benefits,the employer shall make a list and submit the dossier for entitlement to subsidy to the social insurance agency.
Within 20 days after receiving the full dossier, the employee is paid.
Through the above article explained the problems of postoperative rest in accordance with the latest legislation. Hopefully the above article can help readers understand but current regulations on the above issue.
For more detailed advice on this issue please contact the Free Social Insurance Advisory Hotline 1900.6512 for more specific advice. We are always ready to serve and answer to help you satisfied in the best way.
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
