Sick Leave
Income
In accordance with the Labour Code, a worker is entitled to sick leave for up to 6 months if sickness is certified by a qualified doctor. An employer may dismiss an employee if the employee is on sick leave for more than 6 months. The Labour Law does not provide for paid sick leave; however, following the policy of the Ministry of Labour, employers may provide paid sick leave as follows: - 100% of wages during the first month of sick leave; - 60% of wages during the second & third months of sick leave; and - unpaid leave from the fourth to the sixth month.
Effective June 2023, the Social Insurance (NSSF) provides for 70% of the reference earnings to the employee during sick leave up to 180 days (6 months) in a 12-month period.
Sources: §71 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021); ISSA Country Profile
Medical Care
In the event of occupational accidents, a worker is entitled to medical care services such as medical treatment, pharmaceutical products and transport to a medical treatment centre. The employer must pay the medication and health care costs of an employee who has a work-related accident.
Victims of work-related accidents are entitled to medical assistance (benefits in kind, medical treatment and medication as well as hospitalisation) and to all surgical assistance and prostheses deemed necessary after the accident. Victims of work-related accidents can benefit from more favourable conditions if there is such an agreement between the parties.
Under Cambodia’s NSSF Health-Care Scheme, an insured worker who meets the contribution test is entitled to free medical treatment at NSSF-contracted facilities—up to 180 days within 12 months—covering outpatient and inpatient care, diagnosis and para-clinical tests (laboratory and medical imaging), prescribed medicines (per the essential drug list), surgery and surgical apparatus, physiotherapy/kinesitherapy, emergency interventions, a standard room and food during hospitalization, plus access to rehabilitation, patient referral services, and (where applicable) corpse transportation.
NSSF pays the contracted facility directly, and out-of-network care is reimbursed only for emergencies. For income replacement, the worker receives wages from the employer for the first 7 consecutive days of doctor-prescribed absence, and thereafter the NSSF pays a daily allowance equal to 70% of the worker’s daily average wage for prescribed absences beyond 7 consecutive days (not exceeding 180 days in 12 months).
Eligibility is set by Prakas 109 for medical care, at least 6 months of contributions in the last 12 months (with a limited two-month extension after contribution stops if the worker had already paid two consecutive months); for the daily allowance, at least 2 consecutive months or 6 months within the last 12 months up to the month of illness.
In Aug 2023, Cambodia launched the Voluntary Healthcare Scheme for self-employed workers and dependents of workers under NSSF, which allows self-employed workers and their dependents to enrol in NSSF’s health care fund. Formal private-sector workers already had mandatory health insurance (since 2017) – that continues unchanged (with free medical treatment at partner hospitals up to 180 days/year.
Sources: §254 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021); Prakas No. 109/2016; Sub-Decree No. 280/23 – Voluntary Health Insurance for Self-employed & Dependents; MLVT Prakas 330/23
Job Security
Employment of a worker is secure during the period of sick leave, i.e., six months. An employer may dismiss the worker who is on sick leave for more than 6 months. The employment contract is suspended for absence due to illness when it is certified by a qualified doctor. This absence is limited to six months, but can, however, be extended until there is a replacement.
Sources: §71(3) of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021)
Regulations on Sick Leave
- Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2018)
- Prakas 243/2002