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What are the legal rules regarding a worker’s pay while on miscarriage leave? (For example, a worker with a miscarriage between the second and third month of pregnancy or a worker with a miscarriage prior to the second month of pregnancy)
  • 修改時間:2018-06-26
  • Post Dept:General Development Department

If a female worker has a miscarriage between the second month and the third month of pregnancy, or before the second month of pregnancy, she may take the maternity leave for one week or five days pursuant to Article 15 of the Act of Gender Equality in Employment; the employer may not refuse to grant this leave. However the calculation of the salary shall be subject to relevant laws. As such, if the worker is governed by the Labor Standards Act, the employer is not obliged to pay the salary when she takes the maternity leave for one week or five days based on the Act of Gender Equality in Employment. However, if the employee has made the request, the employer shall not deem such leave as absence, and alter the full-attendance bonus, performance, or resolve in any unfavorable measure. If the worker takes the ordinary sick leave according to the Regulations of Leave-Taking of Workers, the employee shall pay half of the salary for the first 30 days of the ordinary sick leave in any given year pursuant to paragraph 2, Article 4 of the Regulations of Leave-Taking of Workers. If the worker takes personal leave or annual leave, the applicable provisions shall govern. If the employee is not eligible for the application of the Labor Standards Act, the salary during the maternity leave shall be subject to relevant laws, or the labor contract.