For expectant mothers who are also working and their employers, understanding maternity leave regulations is essential! This guide explains the key aspects of maternity leave: how many days you get, whether weekends are included, how much pay you receive, and the relevant application rules—all in one place!
1. Maternity Leave (產假)
Maternity leave allows expectant mothers to rest and recover before and after childbirth. Under the Labor Standards Act and the Gender Equality in Employment Act, women have the right to take maternity leave whether the birth is successful or ends in miscarriage.
How many days of maternity leave are there? Do weekends count?
The duration depends on the length of the pregnancy:
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Childbirth (Success): 8 weeks.
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Miscarriage after 3 months: 4 weeks.
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Miscarriage between 2 to 3 months: 1 week.
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Miscarriage under 2 months: 5 days.
It’s important to note that maternity leave days include weekends and public holidays. According to the Council of Labor Affairs’ interpretation of the Labor Standards Act: “Maternity leave, as stipulated in Article 50 of the Labor Standards Act, is meant to protect maternal health. Weekends, public holidays, Labor Day, and other holidays designated by the central authorities are included in the leave and do not need to be deducted.” Therefore, when calculating maternity leave, mothers should not exclude weekends or holidays, as they are not granted additional days off if a holiday falls during their leave.
Is maternity leave paid? How is the salary calculated?
Yes! According to the Labor Standards Act, if you have worked for more than six months, you are entitled to receive full pay during maternity leave. If you have worked for less than six months, you can receive 50% of your salary.
However, it’s important to note that only the 8-week and 4-week maternity leave options come with paid leave benefits. This means that only in the case of a successful birth or a miscarriage after 3 months of pregnancy are you eligible to receive either 100% or 50% of your salary. For miscarriages occurring before 3 months of pregnancy, there is no legal requirement for the employer to provide paid leave, so for the 1-week and 5-day maternity leave options, the company is not obligated to pay your salary.
Maternity leave calculation:
How to apply for Maternity Leave? Application Guidelines
Recommended Maternity Leave: Reserve 4 Weeks for Postpartum Recovery, Leave Can Be Taken in Parts
According to Taiwan’s Labor Standards Act, a mother is entitled to 8 weeks of maternity leave around childbirth. At least 4 weeks must be kept for after the birth for postpartum recovery, so leave can start up to 4 weeks before your due date. Additionally, if agreed upon by both employer and employee, maternity leave can be taken in parts during pregnancy, based on the mother’s health and needs.
Required Documents for Maternity Leave Application
The documents typically needed to apply for maternity leave include the following, but may vary depending on the policies of your employer:
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Medical certificate issued by a medical institution or doctor, including the estimated due date
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Birth certificate submitted after the child is born
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A copy of the household registration with the child included, after registration is completed
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A photocopy of the cover of the mother’s health handbook, which includes the expected due date
Maternity Leave does not affect Perfect Attendance Bonuses
Some mothers may worry about losing “Perfect Attendance Bonuses” (全勤獎金)or that their leave will impact their attendance record. Don’t worry! According to the Ministry of Labor’s maternity leave regulations, taking maternity leave is a legal right and should not be counted as absenteeism. Therefore, it will not affect your perfect attendance bonuses or performance reviews. You can confidently take maternity leave to rest and prepare for your baby’s arrival.
Can an Employer Dismiss You During Pregnancy or Maternity Leave?
No. An employer may not terminate the employment contract during maternity leave (Labor Standards Act, Article 13), unless a natural disaster or other force majeure makes it impossible to continue the business and the local authority approves. Pregnancy, childbirth or childcare also cannot be a reason for dismissal, and any work rule or contract term requiring an employee to resign or take unpaid leave in those situations is void (Gender Equality in Employment Act, Article 11).
Labor Insurance Maternity Benefit (生育給付)
If you have been covered by Labor Insurance (勞保) for at least 280 days before giving birth (181 days for a premature birth), you can claim a one-off maternity benefit of 2 months of your average monthly insured salary (more for twins or multiple births).
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ARC/APRC Note: This benefit applies regardless of nationality.
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2026 top-up: For births from January 1, 2026, the government tops the benefit up to NT$100,000 per baby, but only for female Taiwanese nationals (including foreign spouses of Taiwanese nationals). Other foreign employees receive the 2-month Labor Insurance benefit only.
2. Pregnancy Checkup Leave
As of January 18, 2022, employees are entitled to 7 days of paid leave for pregnancy checkups. This is an increase from the previous allowance of 5 days, aimed at encouraging regular prenatal health checks and supporting parents during this critical time.
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Eligibility:
- Pregnant employees get 7 days of paid leave for their own checkups. Their spouses get a separate 7 days of paid Paternity Checkup and Paternity Leave (陪產檢及陪產假) to accompany them to checkups or for the birth; the paternity part must be taken within the 15 days around the delivery date. This provision is part of the Act of Gender Equality in Employment, which emphasizes supportive measures for families.
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Flexibility in Leave Usage:
- The regulations allow both parents to take their leave in smaller increments, such as half-days or hours, facilitating attendance at various medical appointments like ultrasounds.
2.5 Family Care Leave 家庭照顧假
Starting in 2026, Family Care Leave has become much more flexible to help parents handle sudden childcare needs (like school suspensions or fever).
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Allowance: 7 days per year.
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New Flexibility: It can now be taken by the hour (totaling 56 hours per year).
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Impact on Attendance: While this leave is unpaid, employers cannot deduct “Perfect Attendance Bonuses” (全勤獎金) or count it as absenteeism for performance reviews
3. Unpaid Parental Leave (育嬰假)
Unpaid parental leave allows parents to take time off work to care for their newborn. During the leave period, parents can apply for the “Unpaid Parental Leave Allowance” from the government. Since July 2021, in addition to the original allowance of 60% of salary, the government has provided an additional 20%, resulting in a total of 80% of the salary.
Who is Eligible for Parental Leave?
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Employment: Employed for at least 6 months (those employed less than 6 months may apply if the employer agrees).
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Child’s Age: The child must be under 3 years old.
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Applicants: Both mothers and fathers can apply.
How long can you take? (New “Flexible” Option)
Parents can take leave until the child turns 3, for a maximum of 2 years. Under the 2026 new rules, there are now two ways to take this leave:
1. Standard Long-term Leave:
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Typically applied for in blocks of 30 days or more.
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Best for full-time care over a continuous period.
2. Flexible Short-term Leave (New!):
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By the Day: You can now apply for leave as short as 1 day.
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Quota: Each parent can take up to 30 days in total within their 2-year cap to use for this flexible, daily leave.
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Notice Period: You generally need to apply 5 days in advance. In emergencies (e.g., child illness), you can apply 1 day in advance.
Incentive for Small Businesses: To encourage employers to approve flexible leave, the government now provides a subsidy of NT$1,000 per day to employers with fewer than 30 employees when staff take “Flexible Parental Leave.”
After Applying for Parental Leave, Can I Return to Work Early or Extend the Leave Period?
Answer: Yes. Any changes to the original leave period require a mutual agreement between the employer and the employee. We recommend discussing changes at least one month in advance to help with scheduling.
Can Employees Continue to Participate in Labor Insurance During Parental Leave?
Yes, employees can continue to participate in labor insurance during unpaid parental leave. When applying for unpaid parental leave, parents can submit the “Application for Continuing Labor Insurance Coverage During Unpaid Parental Leave” to the Labor Insurance Bureau to maintain their coverage.
How Are Labor Insurance Premiums Paid During Parental Leave?
Yes. During the leave, the 70% premium usually paid by the employer is fully covered by the government. You only pay your 20% portion, and you can choose to defer payment for up to 3 years.
How is the 80% allowance calculated for "Flexible Day" leave? (New for 2026!)
Answer: Starting in 2026, the calculation has changed from “rounding up to the nearest month” to a pro-rated system. If you take single-day leave, your allowance (80% of average insured salary) will be calculated based on the specific number of days taken (divided by 30).
4. Unpaid Parental Leave Allowance (The 80% Pay)
Eligible parents receive 80% of their average monthly insured salary (60% base + 20% subsidy).
This allowance is paid by Employment Insurance (就業保險).
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Eligible: Taiwanese nationals, ARC holders married to a Taiwanese national with household registration, and (from January 1, 2026) foreign professionals who hold permanent residence (APRC) and are enrolled in Employment Insurance. You also need at least 1 year of Employment Insurance coverage in total.
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Not Eligible: General ARC holders. You can take the time off (job protection), but you will not receive the monthly 80% allowance.
Maximum Period: 6 Months per Parent per Child
Each parent can receive the allowance for up to 6 months per child.
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Proposed extension (not yet law): A bill sent to the Legislative Yuan on May 28, 2026 would let each parent claim 3 more months (up to 9 months) if both parents have each claimed 6 months for the same child.
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As of October 2026 this bill has not passed, so the 6-month limit still applies.