Tự tử không được hưởng BHXH?

 Công ty chúng tôi có một nhân viên uống thuốc ngủ tự tử phải điều trị ở bệnh viện 2 tuần. Sau khi ra viện, chúng tôi có mang hồ sơ đến cơ quan bảo hiểm xã hội (BHXH) để yêu cầu thanh toán tiền lương những ngày nằm viện thì bị từ chối.

Cơ quan BHXH làm như vậy có đúng không?

hưởng bảo hiểm xã hội

Luật gia Lê Trúc Phương, Hội Luật gia TPHCM trả lời:

Theo quy định của pháp luật về BHXH, người lao động đóng BHXH được hưởng chế độ ốm đau khi có các điều kiện sau:

– Bị ốm đau, tai nạn rủi ro phải nghỉ việc và có xác nhận của cơ sở y tế.

– Có con dưới bảy tuổi bị ốm đau, phải nghỉ việc để chăm sóc con và có xác nhận của cơ sở y tế.

Đặc biệt, pháp luật BHXH cũng quy định, trường hợp ốm đau, tai nạn phải nghỉ việc do tự hủy hoại sức khỏe, do say rượu hoặc sử dụng ma túy, chất gây nghiện khác thì không được hưởng chế độ ốm đau.

Căn cứ theo quy định trên, cơ quan BHXH từ chối giải quyết cho trường hợp nhân viên của công ty bạn uóng thuốc ngủ tự tử là đúng quy định.

(NLĐ).

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