What are regulations on issuance of maternity leave confirmation in Vietnam?
Hello Lawnet. My name is Mai Anh and I am currently an office employee. I am currently five months pregnant. During this time, I often feel tired and experience various illnesses. However, due to being pregnant, I cannot take medication for treatment. Therefore, I have the intention to take a maternity leave during this period. For those reason, I want to learn about regulations on maternity leave confirmation. However, this is my first child, so I don't have much experience on this. Please provide mewith regulations on issuance of maternity leave confirmation in Vietnam. Thank you!
Mai Anh (mai_anhown****@gmail.com)
What are regulations on issuance of maternity leave confirmation in Vietnam? - image from internet
Pursuant to Article 18 of the Circular 56/2017/TT-BYT on guidelines for the Law on occupational safety and hygiene, which is promulgated by the Minister of Health, the regulations on issuance of maternity leave confirmation in Vietnam are as follows:
1. Authority to issue maternity leave confirmations:
a) Any licensed general hospital having an obstetrics department or maternity hospital may issue maternity leave confirmations due to obstetric diseases;
b) Any licensed general hospital or Medical Assessment Council may issue maternity leave confirmations due to sickness;
c) Practitioners at a health facility specified in Point a or b of this Clause may issue maternity leave confirmations due to obstetric diseases or sickness as authorized by the head of such facility.
2. The confirmation of maternity leave shall be based on the result of consultation held by departments relevant to the patient’s sickness.
3. The confirmation of maternity leave shall be carried out as follows:
a) The template specified in Annex 6 enclosed herewith shall be applied to pregnant workers who resigned and receive outpatient treatment;
b) The confirmation of eligibility to receive social insurance benefits in accordance with Annex 7 enclosed herewith shall be applied to pregnant workers paying compulsory social insurance who receive outpatient treatment;
c) The medical assessment record in accordance with the Annex enclosed in Circular No. 52/2016/TT-BYT in case the maternity leave is issued by the Medical Assessment Council;
d) The medical record summary according to the template specified in Annex 4 enclosed herewith or discharge note according to the template specified in Annex 4 enclosed herewith.
4. The medical assessment record must describe in detail the health status or name of the disease in case of assessment for maternity leave. In case of illness requiring long-term treatment, the disease code shall be inscribed; if the disease code is not available, the full name of the disease shall be written. The recording of the disease code and name shall comply with the provisions of Circular No. 46/2016/TT-BYT.
Term of maternity leave is based on the conclusions of the Medical Assessment Council: The decision on the number of days of leave must be based on the patient's medical condition, but must not exceed 30 days for an issuance of maternity leave confirmation.
The start date of leave must coincide with the day the patient visits the hospital.
Example: The date of doctor’s visit is July 13, 2018 and must go on a leave for 30 days. The “days absence from work” part must be written as 30 days from July 13, 2018, to August 11, 2018.
The medical assessment record for maternity leave is only valid in the granting of illness and maternity benefits.
5. Only one maternity leave confirmation shall be issued each doctor visit. In cases the patient needs to rest for more than 30 days or when the term of leave inscribed on the granted maternity leave confirmation is almost over, the patient must be conducted a follow-up examination so that the practitioner can consider and decide.
6. In case the maternity leave confirmation is lost within 05 working days from the issuance date:
a) The person granted the maternity leave confirmation shall prepare a written request for issuance of a copy of the maternity leave confirmation and send it to the authority issuing the lost maternity leave confirmation;
b) Within 02 working days from the receipt of the written request for issuance of the copy of the maternity leave confirmation, the authority issuing the lost maternity leave confirmation shall grant such person the copy of the maternity leave confirmation.
7. In case the maternity leave confirmation is lost as from the 6th working day after the issuance date: the person must carry out the procedure for request of issuance of maternity leave confirmation again.
Best regards!
