萬國法律事務所

For improvement of women labor welfare and fertility, Council of Labor Affairs in Taiwan decided to deregulate the restriction of leave-taking of works by proposal for the amendment to Regulations of Leave-Taking of Workers as an incentive. In accordance with the draft amendment, the pregnant labors shall be entitled to pregnant leave, which does not exceed one year in two years.

Under the present framework of Regulations of Leave-Taking of Workers, when a worker must receive medical service or rest on account of ordinary injury, sickness, or physical reasons, he or she shall be entitled to ordinary sickness leave according to the following provisions: (1) for the non-hospitalized, a total of less than thirty days in one year; (2) for the hospitalized, not exceeding one year; (3) the total of hospitalized and non-hospitalized sick leave shall not exceed one year; where accounted ordinary sick leave does not exceed thirty days in one year, fifty percent of salary shall be paid. Thus women labors can only be entitled to non-hospitalized sickness leave with only fifty percent of salary if they don’t recuperate in the hospital after childbirth. In the future, women labors shall be entitled to pregnant leave regarded as hospitalized sickness leave whether they recuperate in the hospital after childbirth as long as the medical certificate is attached. The amendment is expected to be promulgated and take effect in May or June 2010.

Minister of Civil Service of The Examination Yuan expressed that they are also proposing for amendment to Regulations of Leave-Taking of Public Servants to improve the women official welfare. Minister of Civil Service said the women official welfare will be no less than the women labor welfare.