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03.2022 Life Guide

Expectant parents see that paternity examination and paternity leave will be increased to the 7th

Far eastern New Century Corporation / Li Guanhui
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        The gender work Equality Act has been implemented for 20 years. In order to improve the fertility rate and create a friendly parenting environment, the government specially amended the act to let the people rest assured to welcome the arrival of a new life.

        In July 2021, the Ministry of labor began to promote the relaxation of the conditions for child care and detention; At the end of 2021, the Legislative Yuan passed the amendment on the third reading; On January 12, 2022, the president announced the amendment of some provisions of the gender work Equality Act and article 19-2 of the Employment Insurance Act. The Executive Yuan also amended and promulgated the provisions on January 18, 2022 and announced their implementation.

        In order to encourage private enterprises to create a more friendly workplace environment for childbirth and childcare, the government changed the name of "maternity inspection leave" to "paternity inspection and paternity leave", and the number of days increased from 5 days to 7 days. Employees can take "half day" or "hour" as the unit of leave, which cannot be changed after selection. If they choose to take hour as the unit of leave, they will have 56 hours of paternity inspection and paternity leave. (8 hours per day * 7 days = 56 hours). The new two-day salary will be paid by the employer first, and then apply to the labor protection bureau. About 119000 workers will benefit, with an estimated fund of 380 million yuan.

        Case description 1:

        Xiaorong, who just registered for marriage last year, found that she was pregnant. After hearing the good news, Xiaorong's husband asked the company for four days of "paternity examination and paternity leave" to accompany Xiaorong to the hospital for maternity examination (in line with her spouse's pregnancy). The child was born safely on May 20. Xiao Rong's husband can still apply to the company for three days of "paternity examination and paternity leave" on and around May 20.

        Case description 2:

        If the company refuses Xiao Rong's husband to apply for paternity examination and paternity leave due to recent busy business, it may impose a fine of NT $20000-300000 on the company according to law, and announce the name of the institution or business owner, the name of the person in charge, the date of punishment, the violation of provisions and the amount of punishment.

        In addition, this bill deletes Article 22 of the gender work Equality Act and amends paragraph 2 of Article 19 of the employment insurance act to encourage parents to jointly bear the responsibility of raising children. Regardless of whether the spouse is employed or not, it is no longer limited that there are legitimate reasons. Both spouses can apply for childcare leave without pay or family care leave at the same time, Therefore, item 6 of paragraph 2 of Article 2 of the measures for the implementation of childcare without pay "documents requiring spouse employment certificate" are also deleted.

        According to the statistics of the Ministry of labor, from July to November 2021, after relaxing the application conditions for childcare detention, the overall application rate for childcare detention increased by about 33.56% compared with the same period of the previous year, of which the application rate of boys increased by 59.74% and that of women increased by 27.53%. In 2021, the part of childcare without pay applied for less than 6 months increased by 71.25% compared with the same period in 2020, including 58.05% for women and 129.36% for men.

        It can be seen that joint support for parenting has become a trend. Parents and employees need to consider the overall economic situation and the division of housework in order to maintain an appropriate balance. The enactment of the gender equality at work act coincides with the 20th anniversary. This amendment also symbolizes that the government and society will establish a more friendly workplace environment for childcare and add assistance to family care. (Reference: Ministry of labor, 1110112 presidential decree)

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