TAIPEI (TVBS News) — The Ministry of Labor (勞動部) announced on Thursday (Jan. 8) that employers who restrict flexible parental leave applications to only the first employee to initiate a leave application are acting illegally. This announcement aims to ensure that employees can fully benefit from the new flexible parental leave system launched this year.
The new system allows employees to apply for parental leave on a daily basis and to use family care leave by the hour. The Ministry of Labor issued a press release urging employers to comply with these regulations to avoid legal violations. The Gender Equality in Employment Act (性別平等工作法) mandates that employers must not deny employees' applications for unpaid parental leave or consider it as absenteeism, which could affect attendance bonuses and performance evaluations.
The Ministry of Labor emphasized that the application for unpaid parental leave should respect the employee's intent, with applications generally submitted five days in advance unless special circumstances arise. According to regulations, employees are entitled to seven days of family care leave annually, equivalent to 56 hours of normal working time. If an employee's daily working hours are 10, they should receive 70 hours of family care leave.
The Ministry of Labor also reminded employers that once employees take flexible unpaid parental leave, the monthly overtime limit cannot be recalibrated. Instead, it should be calculated based on the original monthly cycle. Employees and employers seeking more information about the new parental leave system can visit the Ministry of Labor's official website or call the 1955 labor consultation hotline for assistance.