{{ $t('FEZ002') }} Personnel Office|
For your information, regarding the Ministry of Education's interpretation of Article 3, Paragraph 1, Item 4 of the Teacher Leave Regulations concerning doubts about maternity leave and miscarriage leave.
Explanation:
1. In accordance with the Ministry of Education's letter Tai Jiao Ren (San) Zi No. 1110080250 dated August 17, 111, and attached is a copy of the original letter.
2. According to Article 50, Paragraph 1 of the Labor Standards Act: "(Paragraph 1) Female workers shall cease work before and after childbirth, and be granted 8 weeks of maternity leave; those who miscarry after 3 months of pregnancy shall cease work and be granted 4 weeks of maternity leave." Furthermore, Article 15, Paragraph 1 of the Gender Equality in Employment Act stipulates: "The employer shall allow female employees to cease work before and after childbirth, and be granted 8 weeks of maternity leave; those who miscarry after 3 months of pregnancy shall cease work and be granted 4 weeks of maternity leave; those who miscarry after 2 months but before 3 months of pregnancy shall cease work and be granted 1 week of maternity leave; those who miscarry before 2 months of pregnancy shall cease work and be granted 5 days of maternity leave." Subsequently, the Ministry of Labor's interpretation Lao Dong Tiao Si Zi No. 1110140681 dated July 25, 111, states that to facilitate the mother's recovery, the aforementioned maternity leave shall be calculated from the date of childbirth or miscarriage at the latest. However, if a female employee gives birth or miscarries after completing her work for the day, the leave may be calculated from the day after childbirth or miscarriage.
3. According to Article 3, Paragraph 1, Item 4 of the Teacher Leave Regulations: "For pregnancy... after childbirth, 42 days of maternity leave shall be granted; for miscarriage after 20 weeks of pregnancy, 42 days of miscarriage leave shall be granted; for miscarriage after 12 weeks but before 20 weeks of pregnancy, 21 days of miscarriage leave shall be granted; for miscarriage before 12 weeks of pregnancy, 14 days of miscarriage leave shall be granted. Maternity leave and miscarriage leave shall be taken consecutively..." and Article 16 of the same regulations: "The granting of leave stipulated in these regulations shall exclude regular holidays..." Therefore, teachers shall, in principle, take maternity leave or miscarriage leave from the date of the event. However, if a teacher gives birth or miscarries after work, they may take maternity leave or miscarriage leave from the next working day.
4. Although teachers are also subject to the Gender Equality in Employment Act, their maternity leave and miscarriage leave are granted based on a certain number of "days" (regular holidays do not require leave) according to the Teacher Leave Regulations. This differs from the calculation method of a certain "period" of maternity leave granted before and after childbirth or from the date of miscarriage as stipulated in Article 50 of the Labor Standards Act and Article 15 of the Gender Equality in Employment Act. Therefore, the Ministry of Labor's interpretation dated July 25, 111, is not directly applicable, for your reference.
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{{ $t('FEZ004') }} 2022-08-28|
{{ $t('FEZ005') }} 1040|