Salary and allowance for prenatal check-up leave and paternity leave

Q: Is it mandatory for employers to grant prenatal checkup leave?

A: Yes. The Gender Equality in Employment Act explicitly states that employers cannot refuse prenatal check-up leave and must pay full salary. Violators can file a complaint with the Labor Bureau, and the employer will face a fine of NT$20,000 to NT$300,000.

Q: Can paternity leave be split into separate periods?

A: Yes. The 7-day paternity leave can be used in several installments, each at least half a day, but must be used within 60 days of the spouse's delivery date. It is recommended to communicate the leave schedule with your employer in advance.

Q: Do self-employed individuals or those who work on assignments have these kinds of falsehoods?

A: These leave categories apply only to employed workers (those with employers). They do not apply to self-employed individuals or freelancers. However, they can apply for maternity benefits through the National Pension Insurance or through the Labor Insurance (if they are insured).

Q: Can I apply for a childcare leave allowance during maternity leave?

A: No. Parental leave is a separate leave application that is applied for after maternity leave ends; the two do not overlap. It is recommended to submit a parental leave application to your employer 2-4 weeks before the end of your maternity leave for a seamless transition.

Q: Are same-sex couples also entitled to paternity leave?

A: Yes. After same-sex marriage was legalized in 2019, same-sex couples enjoy the same paternity leave rights as opposite-sex couples. It's 7 days of full pay, payable within 60 days of the spouse's delivery.

Q: Does the 56-day maternity leave include holidays?

A: Yes, maternity leave is included. It is calculated in calendar days, totaling 56 days including weekends and public holidays. It will not be extended due to holidays. The calculation method is from the starting date of 56 days.

Q: Is it legal to be laid off during pregnancy?

A: Employers are prohibited from dismissing employees during pregnancy and maternity leave (Article 11 of the Gender Equality Act). However, dismissals based on reasons such as "business downsizing" may still constitute discrimination. Complaints can be filed with the Labour Department or an investigation can be requested from the Gender Equality Committee.

Q: Are there maternity leave options during the probationary period?

A: Yes. Maternity leave is a legal right and is not forfeited during the probationary period. However, salary payment depends on the length of employment: full salary for 6 months or more, and half salary for less than 6 months. Employers cannot refuse maternity leave on the grounds of the probationary period.

Q: I've used up my 7-day prenatal checkup leave. What should I do for subsequent prenatal checkups?

A: If you have used up your 7-day prenatal checkup leave, you can use special leave, sick leave (with a doctor's certificate), or negotiate flexible working hours with your employer to go to the checkup. Some companies have more lenient policies and will provide additional paid leave.

Q: Can the father take paternity leave?

A: "Maternity leave" is only available to female employees who give birth. Fathers can take "paternity leave" for 7 days. If they wish to care for their children longer, they can apply for "parental leave" for up to 3 years old and receive a stipend of 80% of their salary for up to 6 months.