Question:
In cases where an employee suffers from a mental health condition (such as depression or anxiety disorders), what legal responsibilities does the employer have to ensure the employee’s rights and benefits?
Answer:
Pursuant to Article 48 of the Social Insurance Law 2024, the responsibilities of employers in processing sickness allowance benefits for employees are specifically stipulated as follows:
Article 48. Settlement of sickness allowance
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- Within 07 working days from the date of receiving a complete dossier from the employee, the employer is responsible for preparing a list of employees taking leave to enjoy sickness benefits and submitting it together with the dossier to the social insurance authority.
Accordingly, when an employee suffers from a mental health condition, the employer has the following main responsibilities:
- Responsibilities regarding administrative procedures and insurance
Receiving the dossier: The employer is responsible for receiving and managing medical documents (such as a hospital discharge certificate or a certificate of leave for social insurance purposes) provided by the employee as the basis for processing sickness benefits.
Deadline for submission: Within 07 working days from the date of receiving the complete dossier from the employee, the employer must finalize the list and submit it to the social insurance authority so that the employee can receive the sickness allowance in a timely manner.
Convalescence and rehabilitation regime: For the convalescence and health recovery regime after sickness leave, the employer must also prepare the list and submit it to the social insurance authority within 07 working days from the date the employee begins taking leave under this regime.
- Responsibilities for health monitoring and prevention
Periodic health examinations: Employers are obligated to organize periodic health examinations for employees at least once a year in order to detect early signs of physical or mental health problems.
Administrative penalties: If the employer fails to organize periodic health examinations, they may be subject to administrative fines ranging from VND 1,000,000 to VND 3,000,000 per affected employee, with a maximum total fine of VND 75,000,000, in accordance with Decree No. 12/2022/ND-CP.
- Financial responsibilities and compensation (if the employer is at fault)
Payment of annual leave salary: The employer must fully pay the employee’s salary if the employee uses their annual leave entitlement to undergo treatment instead of taking sickness leave funded by the social insurance fund.
Compensation for damages:
If the employee’s mental health condition is proven to be a direct consequence of the employer’s violations (such as violations of overtime regulations or workplace mistreatment), the employer is responsible for compensating medical expenses, lost income, and mental suffering damages in accordance with Article 590 of the Civil Code 2015.
