(FWA 2025/05/12)How long can a foreign employee take leave for tocolysis recuperate?A government official from the Ministry of Labor explained that a foreign employee’s tocolysis leave duration is the same as a local worker’s, as long as the entity is subject to the Labor Standards Act. Regardless of their status while working in Taiwan (foreign professionals, mid-level technical workers, or migrant blue-collar workers), if they require tocolysis leave, maternity leave, or parental leave without pay, employers must grant leave and provide wages in accordance with the Gender Equality in Employment Act and the Labor Standards Act.
The official stated that tocolysis can vary in type and duration. It doesn’t always require hospitalization, and a doctor might determine that tocolysis recuperate is needed until birth, which could last several months and is not limited to bed rest.
If a doctor diagnoses the need for tocolysis recuperate, the employer must still grant leave for more than 30 days, even without hospitalization, but is not required to provide wages for the portion of leave exceeding 30 days. For the first 30 working days, half-pay is provided, while regular pay is given for the regular holidays and rest days within those 30 days.
If a worker’s tocolysis period is lengthy and they have financial needs, they may also take maternity leave (up to a maximum of 8 weeks) starting four weeks before the expected date of childbirth. For those employed for six months or more, full wages are provided during maternity leave, while those employed for less than six months receive half-pay.
The provisions for parental leave without pay under the Gender Equality in Employment Act also apply to foreign nationals. However, as a general rule, foreign nationals cannot apply for the parental leave allowance provided by the employment insurance (except for foreign spouses).
The official stated that if an employer rejects a worker’s request for tocolysis leave or maternity leave, or treats the leave as an absence that affects their perfect attendance bonus, performance evaluation, or results in other unfavorable disciplinary actions, the employer may be fined up to NT$300,000 in accordance with the Gender Equality in Employment Act.
Furthermore, household migrant workers are not subject to the Labor Standards Act and therefore are not governed by the Act’s leave and wage regulations. For their rights, one may refer to the “Guidelines to Protect the Rights of Female Foreign Workers and Their Children” issued by the Ministry of Labor.
外籍員工安胎假可以請多久？勞動部官員說明，只要適用勞基法的事業單位，則受雇的外國人和本國勞工一致，無論以何種身分別在臺工作（外國專業人員、中階技術工作、藍領移工），若有安胎、請產假、育嬰留停等需求，雇主都應依性工法和勞基法給假與給薪。
官員表示，安胎的狀況多樣、時間長短也不一，不一定需要住院，醫師也可能判斷需要安胎到生產、多達數月都有，不僅限於臥床休養。
若醫師診斷需要安胎，即使不需要住院，超過30天雇主依然要給假，但超過30天部分不用發給薪資。前30天工作日給半薪，30天內的例假和休息日薪資照給。
勞工如果安胎期間較長，有經濟需求，也可在預產前4週就請產假（最長8週）；受僱6個月以上者，產假期間工資照給，受僱未滿6個月則減半發給。
性工法的育嬰留職停薪規定，雖然也適用外籍人士，但外國人原則上無法申請就業保險給付的育嬰留停津貼（外籍配偶除外）。
官員表示，若受僱者提出安胎假、產假等請求，雇主拒絕或是視為缺勤影響其全勤獎金、考績或其他不利處分，依性工法最高罰30萬元。
另外家事移工不適用勞基法，因此並無適用勞基法的請假和薪資規範，可參考勞動部所發布的「移工婦幼權益保障指引」。
