The regular days off, memorial days, labor days and other holidays prescribed by the central competent authority during the worker’s personal leave, marriage leave, funeral leave shall not be counted into the period. If the worker extends the personal leave, ordinary sick leave, marriage leave, funeral leave for more than one month, the regular days off, memorial days, labor days and other holidays prescribed by the central competent authority shall not be counted into the period. Previously, the Department of Interior had issued the Letter 74-Tai-Nei-Lao-Zi No. 302665 dated April 27, 1985, where the employer shall still pay the wage according to Article 39 of the Labor Standards Act for the time excluded from the leave.
Moreover, the purpose of maternity leave under Article 50 of the Labor Standards Act is to protect the health of mothers. The weekends, memorial days, labor days and other holidays prescribed by the central competent authority are covered by and will not be excluded from the maternity leave.