This Regulations is enacted in accordance with Article 13, Paragraph 4 of the Civil Servants Service Act.
The “Employees” as mentioned in these Regulations shall refer to the personnel who are employed in accordance with the Contract-based Worker Employment Act and Regulations on Contracted Employment of the Executive Yuan and Its Subordinate Agencies.
Special leave given to employees of the Executive Yuan and its subordinate agencies (hereinafter referred to as the Agencies) shall be stipulated as follows:
1.Seven (7) days per year shall be given for Personal Leave. When a family member needs prophylactic vaccination, suffers from serious illness, or incurs other major incidents and necessitates the employee’s management of the situation in person, seven (7) days’ Family Care Leave per year shall be granted to the employee and the number of days of such leave shall be counted towards the employee’s annual Personal Leave as well.
2.Fourteen (14) days per year shall be given for Sick Leave to an employee who requires treatment or rest because of suffering from illness or for preventing miscarriage. Female employees who have difficulties working during their menstrual cycle shall be granted Menstrual Leave one (1) day per month. If the cumulative days of Menstrual Leave does not exceed three (3) days in a year, such leave shall not be counted towards the employee’s Sick Leave; the number of days exceeding three (3) days shall be counted towards the yearly days of Sick Leave; the number of days exceeding the given amount of Sick Leave shall be counted towards Personal Leave. For an employee who suffers from a catastrophic illness or injury that requires a prolonged period of medical care, or pregnant employees who require rest for miscarriage prevention, their Sick Leave may be extended upon approval by their superiors if their given days of Sick Leave, Personal Leave, and Consolation Leave have already been taken. Such an extension period of the Sick Leave shall not exceed thirty (30) days in total within six (6) months, calculated from the first day of the first extension.
3.Fourteen (14) days shall be given for Marital Leave for the employee’s marriage. Marital Leave shall be taken within three (3) months calculated from ten (10) days prior to the date of the marriage. However, such period may be extended up to one (1) year upon the approval of the employee’s superior under special circumstances.
4.Eight (8) days shall be given as Pre-Maternity Leave to an expectant employee prior to delivery, which may be taken separately but is not allowed to be taken after the delivery; forty-two (42) days shall be given for Maternity Leave delivery; forty-two (42) days shall be given for Miscarriage Leave for the miscarriage following after a pregnancy of twenty (20) weeks and above; twenty-one (21) days shall be given for Miscarriage Leave for miscarriages following after a pregnancy of twelve (12) or more but less than twenty (20) weeks; fourteen (14) days shall be given for Miscarriage Leave for miscarriages following after a pregnancy of less than twelve (12) weeks. All Maternity or Miscarriage Leave shall all be taken at once. Maternity Leave may be applied before delivery when Pre-Maternity Leave has all been taken , with the limitation of twelve (12) days and no need to be taken fully at once, and the number of days shall be deducted from Miscarriage Leave if a miscarriage occurs.
5.Seven (7) days shall be given for an employee who applies for Accompanying Prenatal Checkup and Childbirth Leave based on accompanying their spouse for prenatal checkup, childbirth or miscarriage following after a pregnancy of twenty (20) weeks and above. Such leave may be taken separately. Accompanying Prenatal Checkup Leave shall be taken during the spouse’s pregnancy period and Accompanying Childbirth Leave shall be taken within fifteen (15) days (holidays included) calculated from the date of delivery or miscarriage.
6.Ten (10) days shall be given for Bereavement Leave due to the death of the parent or spouse of an employee; seven (7) days shall be given for Bereavement Leave due to the death of an employee’s step-parent, the spouse’s parent, or their child; three (3) days shall be given for Bereavement Leave due to the death of their great-grandparent, grandparent, the spouse’s grandparent, the spouse’s step-parent, or sibling. Only the relative mentioned above shall be employees’ blood relative or relative-in-law on the date of their death, except for the step-parent of employees or their spouse, who had raised them before they became adults, or lived together with them until the date of death. Bereavement Leave shall be taken within one-hundred (100) days calculated from the date of the relative’s death.
7.The number of days for leave due to bone morrow or organ donation shall be determined by the actual needs.
The number of days for the Personal Leave stated in Subparagraph1 of the foregoing paragraph shall be calculated on a yearly pro-rata basis for an employee who has not accrued one (1) whole year of service. After calculation on a pro-rata basis, if the number of days of Personal Leave is less than half a day, it shall be counted as half a day; if it is over half a day but less than one (1) day, it shall be counted as one (1) day.
The remuneration shall be deducted according the approved number of days of any leave that exceeds the provisions in Paragraph 1 on a daily basis.
When an employee applies for Family Care Leave, Menstrual Leave, Pre-Maternity Leave, Maternity Leave, Miscarriage Leave, Accompanying Prenatal Checkups and Childbirth Leave, and other leave due to miscarriage prevention under the provisions in Paragraph 1, the Agencies may not reject, make adverse effect on the employees’ evaluation, or take any disciplinary action against the employee.
For those employees who have served consecutively for more than one year, 7 days’ Consolation Leave is given starting from the second year；for those who have served for more than three years, 14 days’ leave is given starting from the fourth year;for those who have served for more than six years, 21 days’ leave is given starting from the seventh year；for those who have served for more than nine years, 28 days’ leave is given starting from the tenth year；for those who have served for more than fourteen years, 30 days’ leave is given starting from the fifteenth year.
For those who have first served and start working from February, the Consolation Leave is given starting from January of the second year. The days of leave are calculated on a pro-rata basis according to the proportion of months employed. The method of calculation is the same as stated in the stipulation in the above Paragraph 2, Article 3. From the beginning of January of the third year, the Consolation Leave is given according to the stipulation in the above Paragraph 1.
Employees shall use up all the Consolation Leave they shall take in a year by the end of the year, otherwise the agencies will assume they give up the rest days of Consolation Leave of the year.
After deducting days of Consolation Leave employees shall take in a year, employees could take the rest days of leave in the next year upon the approval of employing agencies, on the condition that they leave their previous agencies and enter their current agencies on the same day. If employees have not taken their unused days of leave by the end of the next year or the termination date of the contracts, the agencies will assume they give up the rest of Consolation Leave of the year.
The employees could be subsidized when taking their consolation leave. After deducting days of Consolation Leave employees shall take in a year, if employees could not use up all of the rest days of leave due to official reasons approved by the superiors of the agency, and they will not take the unused days of leave in the next year according to the stipulation of Paragraph 4, Article 3, their employing agencies may give them overtime pay for unused days of Consolation Leave or other rewards.
Leave for Statutory Reasons, Sundays and Holidays, Absences, Years of Service computation and method of application for leave, days of Consolation Leave employees shall take in a year, subsidies of Consolation Leave , overtime pay for unused days of Consolation Leave, should be based on the regulations on Civil Service Leave Regulations or other civil service decrees.
The Years of Service computation for employed resident physicians’ Consolation Leave can include the period of their postgraduate clinic medicine training specified in Diplomate Specialization and Examination Regulations, such computation should be free from the restrictive conditions set forth in the preceding Paragraph.
The special leave to be given to employees who serve in agencies with businesses of special nature, separate special regulations may be formulated taking the reference of these Regulations. Such special regulations shall be submitted to the second-level agencies subordinate to the Executive Yuan, independent administrative institutions equivalent to the second-level agencies or the third-level of the Central Government agencies, special municipalities, councils of special municipalities, county (city) governments and county (city) councils with Direct Jurisdiction for approval.
Each Organization must include the details as regulated by this Ordinance into each employee’s contract.
The Regulations take effect on the date of publication.
The amended version promulgated on March 12, 2008 is implemented on January 1 , 2008. The amended version promulgated on December 29, 2017 is implemented on January 1, 2018. The amended version promulgated on April 22, 2019 is implemented on January 1, 2020.