萬國法律事務所

The Council of Labor Affairs has planned for an amendment to the Regulations of Leave-Taking of Workers, allowing female workers to take maternity leave for up to one year. According to the Minister of Council of Labor Affairs Jennifer Wang, many female workers have complained that they experienced bleeding or signs of miscarriage during pregnancy when at work and would like to take days off.

Under the amendment, once the female workers present a note from a doctor confirming their condition, they are entitled to take up to one year of maternity leave and the employers are strictly prohibited from turning down such requests. It is roughly estimated that more than 3,000,000 female workers would benefit from the amendment. Under the current regulations, pregnant female workers are allowed a maximum of 30-day non-hospitalized sick leave with wages cut in half while those who are hospitalized may take sick leave up to a full one year with no wages for extra days off beyond the maximum 30 days. On the other hand, under the amendment, although the paid time off is the same as the current regulations, female workers are allowed to take a one-year maternity leave no matter hospitalized or not.

Scholars and labor groups described the amendment as unrealistic because the government did not provide related accompanying measures to curb the possible impact on the industries. Fearing being laid off, female workers may not be able to enjoy the benefits the amendment plans to provide.

In response, Minister Jennifer Wang said that as the maternity leave is no-pay leave beyond the 30-day maximum, female workers would not apply unless they have actual needs. And hence, the amendment would have little impact on the industries. The amendment is planned to take effect in May 2010.