The Ministry of Labor (MOL) passed an amendment to Article 7 of the Enforcement Rules for Act of Gender Equality in Employment on September 26th, 2014: When employees decide to take “paternity leave” in accordance with Article 15 of the Act of Gender Equality in Employment, they shall select three days during the 15 days before and after childbirth, including the day their spouses are in labor.
The MOL indicated that Article 15 of the Act of Gender Equality in Employment stipulates that employers shall grant employees 3 days off as paternity leave when employees’ spouses are in labor. Article 7 of the Enforcement Rules for Act of Gender Equality in Employment originally stipulated that employees shall select the 3 days during the period of 5 days including the day their spouses are in labor and two days right before and after that date. In practice, however, not many employees benefitted from this article due to weekends or holidays, and there was the issue of prodromal labor near the expected date of childbirth, causing employees to ask for paternity leave but then need to change the reason for leave later on. According to the expert opinion of the Taiwan Association of Obstetrics and Gynecology, women are in great need of the company and care of their spouse before and after childbirth. Hence, the MOL relaxed restrictions to allow employees to flexibly apply for 3 days off as paternity leave in the 15 days before and after childbirth.
After the amendment to this article, employees will have sufficient time to choose 3 days of paternity leave even if their spouse’s labor is during a weekend or long holiday, fully achieving the purpose of granting leave for employees to take care of their spouses.
The MOL also pointed out that an amendment to articles of the Act of Gender Equality in Employment that took effect on June 18th, 2014 included business entities that use interns. Hence, it also amended Paragraph 1, Article 4 of the Enforcement Rules of the Act of Gender Equality in Employment to stipulate when interns are sexually harassed during their internship, the school shall urge the business entity to immediately implement corrective and remedial measures and provide assistance. Furthermore, when the competent authority of labor receives complaints from interns, it may request the competent authority of education and schools under its jurisdiction to jointly conduct an investigation in the matter.
The MOL reminded employers that they may not deny applications for paternity leave. In the event an employer denies an employee’s application for paternity leave, the penal provisions in the Act of Gender Equality in Employment have been raised to NT$20 thousand or above but not higher than NT$300 thousand. Furthermore, the name of the employer will be announced, and further penalties will be imposed on employers that fail to make improvement within the specified period. Laborers who have any legal questions should consult their local competent authority of labor (department or bureau of labor or social affairs).
- News From：Department of Standards and Equal Employment
- Publish Date：2014-11-20
- Hit Rate：95693