The Ministry of Labor, Republic of China (Taiwan) has stated that the amended Article 9 of the Regulations of Leave-Taking of Workers would go into effect on May 3, 2023. According to the article, employers are not permitted to withhold full attendance bonuses if a worker experiences a miscarriage due to pregnancy that is less than three months along and does not take maternity leave instead of regular injury and sick leave; violations of the rules can result in fines of up to one million NTD.
The Ministry of Labor noted that the present Act of Gender Equality in Employment grants female employees eight weeks and four weeks before and after childbirth, three months or more of pregnancy, less than three months of pregnancy, and less than two months of pregnancy for miscarriage. One week, and five days of maternity leave. If the Labor Standards Act is in effect, maternity leave is for either eight or four weeks, with regular pay due at that time.
Regulations of Leave-Taking of Workers amendment: Miscarriage, short-term pregnancy, and sick leave do not reduce the full attendance bonus.Photo reproduced from Pixabay
The payment of wages, however, was not governed by the applicable rules and regulations in the past if a female employee miscarried within three months of being pregnant and took maternity leave in line with the Act of Gender Equality in Employment. Employers are prohibited from taking into account absences for determining a worker's complete attendance bonuses under gender equality laws.
If a female employee does not take maternity leave but instead takes a regular illness or injury leave in compliance with Regulations of Leave-Taking of Workers, provided that the portion of the absence that does not exceed 30 days in a year, she will be paid half of her income. The whole attendance incentive could not, however, be withheld in its entirety in the past due to a lack of a clear rule, which generated a lot of controversy.
According to the Ministry of Labor, Article 9 of Regulations of Leave-Taking of Workers has been amended to protect the rights and interests of female employees who are less than three months pregnant and take regular injury and sickness leave after abortion in order to implement the motherhood protection spirit of the Constitution. The new rules allow female employees to claim their perfect attendance incentive without fear of having it taken away.