Guide to Maternity Leave, Pregnancy Checkup Leave, and Unpaid Parental Leave?

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1. Maternity Leave

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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!

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How many days of maternity leave are there? Do weekends count?

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Maternity leave is provided to allow expectant mothers to rest and recover before and after childbirth. Whether the birth is successful or, unfortunately, ends in miscarriage, women have the right to take maternity leave. It's important to note that the number of days for maternity leave differs based on whether it’s a successful birth or miscarriage, and the rules also vary between general workers and public servants.

 

Under Taiwan’s Gender Equality in Employment Act, a mother who gives birth can take 8 weeks of leave. In the event of a miscarriage:

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• If the pregnancy is over 3 months, the mother is entitled to 4 weeks of leave.

• If the pregnancy is between 2 and 3 months, she can take 1 week.

• If the pregnancy is less than 2 months, she is entitled to 5 days.

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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.

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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.

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Maternity leave calculation:

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How to apply for Maternity Leave? Application Guidelines

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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 after a successful childbirth. It is generally recommended to reserve at least 4 weeks for postpartum recovery, so you may choose to start taking maternity leave 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.

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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:

1. Medical certificate issued by a medical institution or doctor, including the estimated due date

2. Birth certificate submitted after the child is born

3. A copy of the household registration with the child included, after registration is completed

4. A photocopy of the cover of the mother’s health handbook, which includes the expected due date

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Maternity Leave does not affect Perfect Attendance

Some mothers may worry about losing perfect attendance bonuses 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.

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2. Pregnancy Checkup Leave

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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.

1. Eligibility:

   • The leave can be taken by pregnant employees for their own checkups or by their spouses when accompanying them for checkups or during labor. This provision is part of the Act of Gender Equality in Employment, which emphasizes supportive measures for families.​

2. 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.

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3. Unpaid Parental Leave

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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 provides an additional 20%, resulting in a total of 80% of the salary.

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Who is Eligible for Parental Leave?

Parental leave, also known as unpaid parental leave, can be applied for by either parent once they have been employed for at least 6 months. The leave must be taken before the child turns 3 years old, and the maximum duration is 2 years. Single or unmarried parents are also eligible to apply for unpaid parental leave even if they have not been employed for at least 6 months.

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Eligibility for Unpaid Parental Leave:

1. The applicant must have worked for at least 6 months.

2. The child must be under 3 years old.

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How Long Can You Take Parental Leave?

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Parents can apply for leave for unpaid periods less than 6 months but no shorter than 30 days, and they are allowed to apply for up to two separate periods of leave. This means you can take parental leave twice, each for a period of more than 30 days but less than 6 months. In total, parents can take up to 2 years of unpaid leave before the child turns 3 years old. The leave can be taken either all at once or split into multiple periods.

 

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FAQ 1: After Applying for Parental Leave, Can I Return to Work Early or Extend the Leave Period?

Answer: Yes. You can return to work early or extend the leave period after discussing and agreeing with your employer.

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FAQ 2: 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.

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FAQ 3: How Are Labor Insurance Premiums Paid During Parental Leave?

During unpaid parental leave, parents can still remain insured under labor insurance or other original social insurance programs. The portion of the insurance premium originally covered by the employer is waived during this period. However, the portion of the premium that was previously paid by the employee must still be paid, although it can be deferred for up to three years.

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4. Unpaid Parental Leave Allowance

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Eligibility criteria for the Unpaid Parental Leave Allowance:

Both parents can apply for the unpaid parental leave allowance if they meet the following three criteria:

1. Employment insurance contributions for at least one year.

2. The child is under 3 years old.

3. The parent has already applied for unpaid parental leave with their employer.
    

It is important to note that if the parent engages in any form of training, part-time work, receives other income, or returns to work for a few days during the parental leave period, they are ineligible to continue receiving the unpaid parental leave allowance.

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How Much Can You Receive from the Parental Leave Allowance, and for How Long?

During unpaid parental leave, parents can receive the Unpaid Parental Leave Allowance, which is calculated as 60% of the average monthly insured salary from the six months before the leave. This allowance is paid monthly, and parents can receive it for a maximum of 6 months.

Starting from July 1, 2021, in addition to the original allowance, an extra 20% salary supplement is provided by the government. This brings the total amount to 80% of the average monthly insured salary during the unpaid leave period.

The salary supplement is automatically combined with the parental leave allowance, meaning that as long as you apply for the allowance, you will also receive the 20% salary supplement without needing a separate application.

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