25 August 2021
On June 4, 110, the Ministry of Labor revised the "Implementation Measures for Infant Leave without Pay" and added the "Key Points of Infant Leave without Pay Salary Subsidy", relaxed the period of childcare leave without pay and increased salary subsidies. The relevant regulations have been in 110 years. It was officially implemented on July 1.
1. Relax the application period for unpaid parental leave, and add that the application should be applied before 10 days
According to my country’s current law, an employee who has served for 6 months can apply for childcare leave without pay before each child reaches 3 years old. The period is until the child reaches 3 years old, but not more than 2 years (Gender Equality Work Law) Refer to Article 16). In this regard, the Central Plains Regulations of the "Implementation Measures for Infant Care Leave without Pay" stipulated by the Ministry of Labor: the principle of not less than 6 months each time during the period of childcare leave without pay; this time the government has revised the previous measures to encourage parents to accompany their children to grow up , Allows to apply for "less than 6 months but not less than 30 days" parental leave without pay, and applications for these shorter-term parental leave without pay are limited to "two times" (the implementation of parental leave without pay (Refer to Item 3 of Article 2 of the Measures). In order to enable employers to deploy manpower, the Ministry of Labor’s amendment to this law also added that "employees applying for leave without pay for childcare should apply to the employer in writing "ten days before" ("Implementation Measures for Leave without Pay for Childcare", Article 2, Article 1 Item reference).
2. Unpaid salary subsidy for childcare stay
According to the current law, during the period of childcare leave without pay, workers can apply for the childcare leave leave allowance "calculated at 60% of the average monthly insured salary of employment insurance", and each child will be granted a maximum of 6 months (Article No. of Employment Insurance Law). Reference to Article 19-2). In order to improve the economic support of workers during the period of childcare leave without pay, the Ministry of Labor issued the "Key Points of Supplementary Supplement for Childcare Leave without Pay". Workers who apply for childcare leave without pay allowance under the Employment Insurance Law may apply to the Bureau of Labor Insurance. Calculated based on 20% of the average monthly insured salary of employment insurance", the parental leave without pay allowance is combined with the leave without pay allowance, and the total of the two can reach 80% of the average monthly insured salary of employment insurance.
In addition to the above amendments, the Executive Yuan also passed the draft amendments to the Gender Work Equality Law and Employment Insurance Law on July 1 this year, allowing parents of double-income families to apply for parental leave without pay at the same time. If the previous draft is passed by the Legislative Yuan, the employee, regardless of whether the spouse is employed, can apply for leave without pay for childcare, and if both parents are employed workers, they may also apply for the allowance for leave without pay for childcare and leave for childcare leave at the same time. Salary subsidy.
For further information, please contact:
Bai Meifang, Lee Tsai & Partners
lawtec@leetsai.com
