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Taiwan: amendments to the Act of Gender Equality in Employment

  • On 28 December 2021, Legislative Yuan adopted the amendments of the Act of Gender Equality in Employment.
  • Amendments came into force on 18 January 2022.

The Act was enacted to protect gender equality in right-to-work, to implement thoroughly the constitutional mandate of eliminating gender discrimination, and to promote the spirit of substantial gender equality.

The amendment requires employers to give female employees seven days of paid leave for pregnancy check-ups (instead of five) and grants male employees seven days of paid leave (instead of the previous five days) to accompany their spouse to pregnancy check-ups, and to care for their spouse and children during and after childbirth to enhance the fulfilment of their parental responsibilities.

This is in line with previously revised regulations that took effect in July and increased the number of prenatal check-ups covered under the national health insurance (NHI) program from 10 to 14.

Accordingly, the Enforcement Rules of the Act of Gender Equality in Employment are amended, providing that pregnancy check-up accompany leave shall be taken during the pregnancy of the spouse, and paternity leave shall be taken during the period of total 15 days before and after the date of the spouse’s confinement.

The employer shall pay the wages for the above pregnancy check-up leave, pregnancy check-up accompany and paternity leave, that can be, at employee’s choice, on a “half-day” or “hourly” basis and that employers shall not refuse.

On their side, employers may apply to the Bureau of Labour Insurance for subsidies for the portion of the wages for pregnancy check-up leave, pregnancy check-up accompany and paternity leave in excess of five days (for the sixth and seventh leave days).

The new regulation, amending article 19, also allows workers at companies with fewer than 30 employees (small and medium enterprises) to ask for more flexible working hours when they have children under three years old.

Also, the Employment Insurance Act is amended, allowing for employees and their spouses to benefit of salary allowance for parental leave without payment.

The reform confirms that legislators around the world are implementing policies that are increasingly attentive to workers' family needs and gender equality.

Similar reforms have been recently implemented, as we have reported in previous articles, in Colombia, Japan and United Arab Emirates.