Employers Cannot Legally Refuse Pregnancy Checkups Leaves, Paternity Leaves or Recuperate Leaves to Employees While They Are on Leave Without Pay

  • Last Modify Date:2017-03-30

In order to guarantee employees the right to apply for pregnancy checkups leave, paternity leave or recuperate leave during leave without pay, the Ministry of Labor has notified local labor administrative competent authorities via circulars on February 3 that if employees apply for the aforementioned leaves, employers cannot legally refuse their applications.

The Ministry of Labor states that the so-called ‘leave without pay’ is an agreement between the employer and employee to temporarily cease the provision of labor in response to the economic climate. Even if the employee has agreed to take the so-called leave without pay, in the spirit of protecting motherhood, the employer cannot refuse an employee’s request for pregnancy checkups leave, paternity leave or recuperate leave in accordance to the “Act of Gender Equality in Employment”. For both pregnancy checkups leave and paternity leave, the employer needs to pay the employee the amount of wages agreed upon in the original labor contract before the said leave without pay. As for the amount of salary for the recuperate leave, the employer needs to refer to the relevant laws and regulations.

This legislation was passed with the intention of promoting gender equality in the workplace. Employees who apply for maternity protection-related work leave are not to be affected by the employer’s implementation of leave without pay. The Ministry of Labor has issued circulars to various local labor administrative competent authorities for them to forward this information to business entities within their jurisdictions. According to Article 21 of the “Act of Gender Equality in Employment”, when employees request pregnancy checkups leave, paternity leave or recuperate leave, employers cannot reject them nor “treat them as employee non-attendance and affect adversely employees' full-attendance bonus payments, performance evaluation or take any disciplinary actions that are detrimental to the employees.” Violators may be fined a minimum of NT$ 20,000 to a maximum of NT$ 300,000, and the names of the employer or employing entity and person(s)-in-charge will be publicly announced. If mandated improvements are not made by the deadline given, they shall be fined for each transgression.

If the public needs consultation or wants to better understand the relevant issues, please contact the nearest local labor administration authority [county (city) Bureaus (Departments) of Labor or Social Affairs] or call the Ministry of Labor’s toll-free hotline (0800-085151), and someone will service you and provide you with information and explanations.

  • News From:Department of Standards and Equal Employment
  • Publish Date:2016-07-18
  • Hit Rate:95205