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Act of Gender Equality in Employment(2022.01.12) Chinese

Amended and promulgated Articles 15, 19, 40 of the Act and deleted Article 22 by the Presidential Order No. 11100001911 on January 12, 2022; and it was enforced as of January 18,2022 as decided by the Executive Yuan on January 17,2022 through Order No.1110001084
Article 15
Employers shall stop female employees from working and grant them a maternity leave before and after childbirth for a combined period of eight weeks. In the case of a miscarriage after being pregnant for more than three months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for four weeks. In the case of a miscarriage after being pregnant for over two months and less than three months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for one week. In the case of a miscarriage after being pregnant for less than two months, the female employee shall be permitted to discontinue work and shall be granted a maternity leave for five days.
The computation of wage during maternity period shall be in accordance with related laws and regulations.
When pregnant employees are diagnosed by a physician as needing to recuperate, their leave-taking and wage during the period of medical treatment, care, or recuperation, shall be in accordance with related laws and regulations.
During an employee’s term of pregnancy, their employer shall grant seven days of leave for pregnancy checkups.
When an employee accompanies their spouse for pregnancy checkups or such spouse is in labor, their employer shall grant the employee seven days off as pregnancy checkup accompaniment and paternity leaves.
Regular wages shall be paid for pregnancy checkups, pregnancy checkup accompaniment and paternity leaves.
For the payment of wages for the periods of pregnancy checkups, pregnancy checkup accompaniment and paternity leaves in accordance with the provisions of the preceding Paragraph, employers may apply to the central competent authority for subsidies for the payment of wages for the parts of periods exceeding a five-day period of leave, excluding the situations in which a period of pregnancy checkups, pregnancy checkup accompaniment and paternity leaves of over five days and the regular wages are required to be granted in accordance with other laws or regulations.
The distribution of the subsidies stated in the preceding Paragraph shall be handled by the Bureau of Labor Insurance of the Ministry of Labor under the appointment by the central competent authority.

Article 19
For the purpose of raising children of less than three years of age, employees hired by employers with more than thirty employees may request one of the following subparagraphs from their employers:
1. To reduce working hours one hour per day; and for the reduced working time, no compensation shall be paid.
2. To reschedule working hours.
Employees hired by employers with less than thirty employees may request to apply the above provisions by discussing with their employers to reach mutual consent.

Article 22 (delete)

Article 40
The Act shall become effective on March 8, 2002.
The implementation date of amendments to this Act shall take effect from the date of promulgation, except the effective dates of revised Article 16 made on December 19, 2007 and the other Articles amended on December 28, 2021 which shall be determined by the Executive Yuan.