Maternity leave is 8 weeks for childbirth and 4 weeks for miscarriages occurring after 3 months of pregnancy (Labor Standards Act Article 50, Act of Gender Equality in Employment Article 15); prenatal check-up leave is 7 days, and spouse paternity/prenatal check-up attendance leave is 7 days, both fully paid. For female workers covered by the Labor Standards Act, maternity leave is paid at full regular wage if employed for 6 months or more, and half-pay if employed under 6 months. Under the Act of Gender Equality in Employment, miscarriages occurring between 2 and 3 months grant 1 week of leave, and miscarriages under 2 months grant 5 days; however, the Ministry of Labor explains that because the Labor Standards Act has no salary provisions for these shorter leaves, employers have no statutory duty to pay wages. Prenatal and paternity leaves may be taken in half-day or hourly increments, and employers can apply for Bureau of Labor Insurance subsidies for wages paid on the 6th and 7th days.
Reminder: This article is compiled pursuant to the Laws & Regulations Database versions of the Act of Gender Equality in Employment (amended Aug 16, 2023 / 112), its Enforcement Rules (Apr 8, 2026 / 115), the Labor Standards Act (Jul 31, 2024 / 113), and the Regulations of Leave-Taking of Workers (Sep 30, 2026 / 115), with database consolidation up to October 22, 2026 (115). On May 28, 2026 (115), the Executive Yuan approved a draft amendment to extend maternity leave to 12 weeks and paternity leave to 14 days for legislative review, which has not yet passed; implementation depends on presidential promulgation and MOL announcements.
Overview of Maternity, Prenatal and Paternity Leave Types, Days and Pay
| Leave Type | Days / Duration | Wage Payment Rule | Statutory Basis |
|---|
| Childbirth Maternity Leave | 8 weeks | Labor Standards Act: full pay if employed 6+ months; half pay if under 6 months | Labor Standards Act Article 50, Gender Equality Act Article 15 Paragraph 1 |
| Miscarriage at 3+ Months Pregnancy | 4 weeks | Same as above (full pay if 6+ months, half pay if under 6 months) | Same as above |
| Miscarriage at 2 to Under 3 Months | 1 week | Unpaid under Labor Standards Act; MOL notes no wage obligation; may opt for sick leave | Gender Equality Act Article 15 Paragraph 1 |
| Miscarriage Under 2 Months | 5 days | Same as above (no statutory wage obligation; may take ordinary sick leave) | Gender Equality Act Article 15 Paragraph 1 |
| Prenatal Check-up Leave | 7 days | Full wages paid | Gender Equality Act Article 15 Paragraphs 4 and 6 |
| Paternity & Attendance Leave | 7 days | Full wages paid | Gender Equality Act Article 15 Paragraphs 5 and 6 |
| Tocolysis (Pregnancy Bed Rest) | Per doctor diagnosis | Treated as hospitalized sick leave; non-hospitalized sick leave under 30 days receives half pay | Gender Equality Act Article 15 Paragraph 3, Leave Regulations Article 4 |
How Maternity Leave Is Counted: Continuous Days and Start Timing
- Continuous Calendar Day Calculation: Article 6 of the Gender Equality Act Enforcement Rules stipulates maternity leave is calculated continuously on a calendar basis; weekend regular leaves, rest days, and national holidays are all included within the 8 weeks.
- Begins at Latest on Childbirth Date: Under MOL ruling of July 25, 2022 (111), maternity leave begins at latest on the date of childbirth or miscarriage; if giving birth after completing work that day, it may start the following day. Leave can begin before childbirth, but starts no later than the delivery day.
- Dismissal Prohibited During Maternity Leave: Under Labor Standards Act Article 13, employers may not terminate labor contracts during statutory maternity leave under Article 50, unless force majeure renders business operation impossible with authority approval.
- Giving Birth During Parental Leave Without Pay: Under Enforcement Rules Article 8, if giving birth before parental leave concludes and remaining in maternity leave period upon reinstatement, employers must grant maternity leave, deducting days prior to reinstatement.
- Transfer to Lighter Work: Under Labor Standards Act Article 51, pregnant workers may request transfer to lighter duties; employers cannot refuse or reduce wages.
Example calculation: an employee with a monthly salary of NT$36,000 (36000) employed for 1 year taking 8 weeks maternity leave receives full regular salary paid by the employer under Article 50; if employed under 6 months, half salary is paid. Uncovered workers follow labor contracts. Labor Insurance maternity benefits are claimed separately; see 2026 Birth Subsidies in Taipei and New Taipei.
Are 1-Week and 5-Day Miscarriage Leaves Paid?
Former CLA Directive of July 10, 2002 (91) clarifies: workers miscarrying between 2 and 3 months, or under 2 months, can claim 1 week or 5 days of maternity leave under the Gender Equality Act, which employers cannot refuse; however, because the Labor Standards Act contains no salary mandates for these periods, employers have no obligation to pay wages, but cannot treat it as absence or dock attendance bonuses. Workers choosing ordinary injury/illness sick leave under leave rules receive half pay for up to 30 days per year.
Article 9 Paragraph 1 Item 2 of the Regulations of Leave-Taking of Workers also stipulates that when sick leave is taken for miscarriages under 3 months in lieu of maternity leave, full-attendance bonuses cannot be docked.
Prenatal Check-Up Leave (7 Days): How to Apply and Government Subsidy
- Days and Remuneration: Under Gender Equality Act Article 15 Paragraphs 4 and 6, employers must grant 7 days of prenatal check-up leave with full wages.
- Leave Units: Under MOL Order Lao-Dong-Tiao-4-Zi No. 1110140008 of January 18, 2022 (111), employees may elect half-day or hourly increments, which employers cannot refuse; once chosen, increments cannot be altered.
- Supporting Documents: Enforcement Rules Article 13 allows employers to request relevant medical proof if necessary.
- Employer Subsidies: Under Article 15 Paragraphs 7 and 8 and Bureau of Labor Insurance guidelines, employers who pay wages for the 6th and 7th days can claim 100% government reimbursement from the Bureau, disbursed at the end of the following month; employers already mandated to provide paid leave exceeding 5 days under other acts are ineligible.
Paternity & Attendance Leave (7 Days): When Must It Be Taken?
- Days and Wages: Under Article 15 Paragraphs 5 and 6, employees accompanying a spouse for prenatal exams or delivery are entitled to 7 days paid leave.
- Timeframe: Under Enforcement Rules Article 7, prenatal attendance leave is taken during the spouse's pregnancy; delivery attendance leave must be taken within a total 15-day window surrounding the delivery date (delivery date plus/minus 15 days). Both combine for 7 days total.
- Leave Increments: The aforementioned January 18, 2022 (111) ruling applies, allowing half-day or hourly options.
- Spouse Giving Birth Abroad: MOL letter of April 13, 2021 (110) confirms that if the spouse gives birth overseas, the employee is entitled to paternity leave even without traveling abroad.
- Employer Wage Subsidies: Employers paying wages for the 6th and 7th days of paternity/attendance leave can likewise apply for reimbursement from the Bureau of Labor Insurance.
Employer Violations and Full-Attendance Bonus Deductions
| Violation Scenario | Penalties and Sanctions | Legal Provision |
|---|
| Failing to grant maternity leave or wages under Article 50 | Fine of NT$90,000 to NT$450,000 | Labor Standards Act Article 78 Paragraph 2 |
| Terminating employment contract during maternity leave (Article 13) | Fine of NT$90,000 to NT$450,000 | Labor Standards Act Article 78 Paragraph 2 |
| Agreements/rules mandating resignation for pregnancy/birth, or dismissal | Fine of NT$300,000 to NT$1,500,000, public naming of company and chief officer, repeat fines; dismissals legally void | Gender Equality Act Article 11 Paragraphs 2-3, Article 38-1 Paragraphs 1 & 6 |
| Refusing prenatal, paternity, or parental leave, or docking bonuses/evaluations | Fine of NT$20,000 to NT$300,000, public disclosure of entity and responsible person, repeat penalties | Gender Equality Act Articles 21 and 38 |
File labor complaints with local labor authorities: Taipei City Department of Labor at 02-2720-8889 (or 1999 within Taipei); New Taipei City Labor Affairs Bureau switchboard at (02)2960-3456 (or 1999) and Labor Relations Division hotline 02-2965-3900; or MOL toll-free consultation hotline 1955.
Additional Rights and Protections After Childbirth
- Breastfeeding (Pumping) Breaks: Under Gender Equality Act Article 18, employees nursing children under 2 years old receive 60 minutes daily outside normal rest; overtime exceeding 1 hour adds 30 minutes, deemed paid working time.
- Parental Leave Without Pay: Available after 6 months of employment before children reach age 3; starting 2026 (115), daily leave is permitted with 80% allowances; see How to Apply for Parental Leave Allowances.
- Reduction or Adjustment of Working Hours: Under Article 19, in enterprises with 30+ employees, workers raising children under 3 may request reducing 1 hour daily (unpaid) or adjusting hours; below 30 workers requires mutual agreement.
- Family Care Leave: Under Article 20, up to 7 days per year, incorporated into personal leave; Leave Regulations Article 7 Paragraph 2 permits taking family personal leave by the hour.
Parental leave without pay is excluded from working seniority unless otherwise agreed (Implementation Regulations Article 4), impacting annual leave accrual; see Annual Leave Calculation Guide.
Frequently Asked Questions
Does 8-week maternity leave include weekends and holidays?
Yes. Under Enforcement Rules Article 6, maternity leave is calculated continuously on calendar days; 8 weeks equals 56 calendar days, including all weekends, rest days, and national holidays.
Can maternity leave be taken ahead of delivery?
Yes, leave can commence before childbirth. However, MOL 2022 rulings clarify that leave commences at latest on the delivery day; if completing a work shift before giving birth, it starts the next day.
Can prenatal check-up leave be taken in half-days or hours?
Yes. MOL Order of January 18, 2022 provides that workers may choose half-day or hourly increments, which employers cannot refuse or change once selected. All 7 days are fully paid.
When must the husband's paternity leave be taken?
Paternity and check-up attendance leave totals 7 days. Prenatal attendance is taken during pregnancy, while delivery paternity leave must be concluded within a 15-day window surrounding birth (Enforcement Rules Article 7) with full pay.
Are employees with under 6 months tenure entitled to maternity pay?
Yes, but at half pay. Labor Standards Act Article 50 Paragraph 2 provides full pay for tenure of 6 months or more, and 50% pay for tenure under 6 months; the 8-week duration remains unchanged.
Last updated: 2026-11-03
Compiled by SOSfix from official open data for general reference; consult Taipei City Department of Labor, New Taipei City Labor Affairs Bureau, or MOL hotline 1955 for specific cases.
Sources
- Laws & Regulations Database: Act of Gender Equality in Employment (Amended Aug 16, 2023 / 112, consolidated to Oct 22, 2026, verified 2026-11-02): Article 15 leaves, pay and subsidies; Articles 16, 18, 19, 20; Article 11 dismissal prohibition; Article 21; Articles 38 and 38-1 fines.
- Laws & Regulations Database: Enforcement Rules of the Act of Gender Equality in Employment (Amended Apr 8, 2026 / 115, verified 2026-11-02): Article 6 calendar days, Article 7 paternity 15-day window, Article 8 parental leave delivery, Article 13 proofs.
- Laws & Regulations Database: Labor Standards Act (Amended Jul 31, 2024 / 113, verified 2026-11-02): Article 50 maternity leave and wages, Article 51 lighter duties, Article 13 dismissal prohibition, Article 78 Paragraph 2 fines.
- Laws & Regulations Database: Regulations of Leave-Taking of Workers (Amended Sep 30, 2026 / 115, verified 2026-11-02): Article 4 bed rest, Article 7 hourly care leave, Article 9 attendance bonus protections.
- MOL Legal Inquiry: Administrative Interpretations on Article 15 (Cutoff Sep 30, 2026, verified 2026-11-02): Order No. 1110140008 (half-day or hourly) summary; letter of Apr 13, 2021 (overseas births).
- MOL Legal Inquiry: Order Lao-Dong-San-Zi No. 0910035173 (Jul 10, 2002 / ROC 91, verified 2026-11-02): 1-week and 5-day miscarriage leave wage exclusions and sick leave half pay.
- MOL Legal Inquiry: Letter Lao-Dong-Tiao-4-Zi No. 1110140681 (Jul 25, 2022 / 111, verified 2026-11-02): Leave start dates from delivery date or day after completing shift.
- Bureau of Labor Insurance: Prenatal Leave Wage Subsidy Guidelines (Updated Oct 27, 2026, verified 2026-11-02): Subsidies for 6th and 7th days, application flow, following month payout.
- Bureau of Labor Insurance: Paternity Leave Wage Subsidy Guidelines (Updated Oct 27, 2026, verified 2026-11-02): Subsidies for 6th and 7th days, application procedures.
- Ministry of Labor Press Release: Executive Yuan Approves Gender Equality Act Amendments (May 28, 2026 / 2026-05-28, verified 2026-11-02): Proposed extension to 12 weeks maternity and 14 days paternity.
- Taipei City Department of Labor: Official Site Contact Info (Verified 2026-11-02): Phone 02-2720-8889 and 1999 citizen hotline.
- New Taipei City Government: Labor Affairs Bureau Contacts (Verified 2026-11-02): Switchboard and labor dispute division desk.
- Ministry of Labor Press Release: Flexible Parental Leave System Effective Jan 1, 2026 (Sep 4, 2025 / 2025-09-04, verified 2026-11-02): MOL toll-free hotline 1955.
