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07.2019 Life Guide

Legalization of same-sex marriage. Marriage leave and maternity leave allowance areall applicable

Far Eastern New Century Corporation / Chen Ruchu

          Taiwan became the first country in Asia to legalize same-sex marriage in May this year. As long as same-sex couples register for marriage and obtain legal marital status, including marital leave, child-rearing leave allowance and other rights related to spouses, they can be directly applied.


        As early as the Justice explained that just after the launch, the Ministry of Labor had invited various units to hold a meeting to examine whether the relevant laws and regulations on labor insurance, retirement benefits and working conditions were applicable to same-sex couples. Deng Mingbin, Director of the Labor Insurance Department of the Ministry of Labor, pointed out that in the payment of labor insurance, the identification of spouses and relatives is involved, and the current part includes: survivor's annuity, additional distribution of family members, etc., can be handled comparatively. In the past, the Ministry of Labor has been open-minded. In the Gender Work Equality Act, maternity leave, paternity leave and maternity inspection leave are not determined by marital relationship, but by "facts of production". In addition, labor with infants and young children, even adoptive children, can also apply such provisions as suspension of pay and allowances for child-rearing. There is no need for special amendments, so it can be seamless.
        
         Sun Bixia, Director of Labor Welfare and Retirement Department of the Ministry of Labor, said that according to Article 7 of the Labor Pension Regulations, the new system of retirement can be applied as long as one marries a citizen with a household registration in the Republic of China. Of course, the same-married family also applies. In addition, the order of pension for survivors of labor insurance, the school subsidy for children of unemployed workers, etc. The policy also applies in one.
        
         Regarding the right to leave, Li Yixuan, Chief of the Department of Labor Conditions and Employment Equality of the Ministry of Labor, said that in the current rules on leave for workers, the applicants and scope of the eight-day marriage leave, the bereavement leave for spouses and relatives would be continuously changed by the new law. In case of serious illness and other accidents, same-sex partners could submit family passports to their employers as long as they attached relevant certificates. The application for leave shall enjoy the same rights and interests.
        
         Because the health insurance law and all tax laws only use the term "spouse", there is no problem of amending the law. As long as it is legally registered, it can be incorporated into the family members of health insurance according to the law. In other words, same-sex couples registered for marriage this year can file a combined income tax next year, using tax exemptions and related deductions. If you want to support in-laws and relatives, the same applies next year.(Source: Central News Agency, Business Times)

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