How many days can Covid 19 victim be on leave?

If an employee contracts Covid-19, he or she can apply for leave in the following three cases: Leave for sickness benefits, annual leave, agreement on unpaid leave. Each case will have a different break time.

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1. Time to enjoy sickness benefit.

Article 25 of the 2014 Law on Social Insurance, employees infected with Covid-19 and certified by a competent medical examination and treatment establishment will be entitled to sickness benefits.

The benefit period will be based on the certificate of leave for social insurance or hospital discharge (including the time the doctor appoints to take extra leave, if any). However, the time off will be limited to the maximum number of days in 01 year. Article 26 of the Law on Social Insurance states:

- In case of working under normal conditions:

+ Paying social insurance premiums for under 15 years: Leave to enjoy the regime for 30 days.

+ Paying social insurance contributions from full 15 years - under 30 years: Leave to enjoy the 40-day regime.

+ Paying social insurance contributions for 30 years or more: 60 days of leave.

- In case of doing jobs which are not hard, hazardous and dangerous or especially dangerous; working at a place where the regional allowance coefficient is from 0.7 or more:

+ Paying social insurance premiums for under 15 years: Leave to enjoy the 40-day regime.

+ Paying social insurance contributions from full 15 years - under 30 years: Leave to enjoy the 50-day regime.

+ Paying social insurance contributions for 30 years or more: Taking a 70-day leave.

In addition, after the end of the sick leave period and return to work, within the first 30 days when the employee's health has not recovered, the employee is also entitled to the convalescence and health rehabilitation regime.

Pursuant to Article 29 of the Law on Social Insurance, the period of leave to enjoy the convalescence and health rehabilitation regime in this case will be decided by the employer and the grassroots trade union executive committee but must not exceed 05 days a year. .

Thus, F0 in this case can take sick leave for up to 75 days.

2. Annual leave 

In order to have more time for convalescence and health leave after Covid-19, an employee who is F0 can agree with the employer on the annual leave and receive the full salary according to the labor contract.

According to Clause 1, Article 113 of the Labor Code 2019, an employee who has worked for full 12 months is entitled to the number of leave days as follows:

a) 12 working days for people doing the job in normal conditions;

b) 14 working days for minor employees, disabled workers, people doing heavy, hazardous and dangerous jobs;

c) 16 working days for people doing particularly heavy, hazardous or dangerous occupations or jobs.

For every full 05 years of working for the enterprise, the employee is also entitled to an extra day of leave (according to Article 114 of the Labor Code 2019).

In case the employee has worked for less than 12 months, the number of leave days will be calculated in proportion to the number of working months. So F0 can take annual leave up to about 12 -16 days.

3. Agreement period of unpaid leave

In addition to the two cases above, the Covid-19 victim can also agree to apply for unpaid leave with the employer according to Clause 3, Article 115 of the Labor Code 2019. Due to the law, there is no limit on leave, so the parties can come to an agreement with each other but must have the consent of the employer.