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Title: Regulations on Special Leave for Employees of the Executive Yuan and Subordinated Agencies CH
Amended Date: 2019-04-22
Category: Directorate-General of Personnel Administration, Executive Yuan(行政院人事行政總處)
Article 1
This Regulations is enacted accordance with pragraph 2 Article 12 of the Civil Servants Service Act.
Article 2
The “Employees” stated in this ordinance, are those personnel being employed in accordance with the Personnel Employment Act and Personnel that are employed in accordance with Contract Personnel Employment Regulations of the Executive Yuan and its Subordinating Organization.
Article 3
The Special Leave for employees of the Executive Yuan and its Subordinating Organization (Hereinafter known as the Agencies) is regulated as follows:
1.Seven days per year are given for Personal Leave. When a member of the family suffers from Immunization, serious illness or other major incident that needs the employee to take care of the situation in person, seven days’ Family care Leave per year is given to the employee and the leave is also calculated as Personal Leaves in total.
2.Fourteen Days Sick Leave per year is given to those suffering from illness or miscarriage threat and requiring medical attention or rest. Female employees that are not able to work due to their menstrual periods, are given one day’s leave per month as Menstrual Leave, if the cumulative Menstrual Leaves do not exceed three days in a year, said Leaves shall not be counted toward days off for Sick Leave. All additional Menstrual Leaves shall be counted toward days off for Sick Leave. Those who take more than 14 days a year will have the extra days counted as their Personal Leave and the extra days deducted from their Personal Leave. Those with serious illnesses that require long periods of medical care and treatment, or pregnant employees who require bed rest, can have their Sick Leave extended upon approval by their superiors if Sick Leave, Personal Leave, and Consolation Leave they are entitled to have all been taken prior to full recovery; Its extension is calculated from the first day of the first Sick Leave extension application, it should not exceed 30 days within six months. However, when the employment contract expires and the employee’s illness has not been cured, except for those who have Sick Leave extension for miscarriage prevention, employment should be terminated immediately.
3 Fourteen days’Marital Leave is given to those are getting married. Marital Leaves should be taken within three months from 10 days before the date of marriage, except for those who are approved by their Superiors to postpone Marital Leave due to special circumstances in one year.
4 Eight days’ Pre-Maternity Leave is given to an expectant employee before delivery; 30 days’ Maternity Leave is given after delivery; 42 days’ Miscarriage Leave is given to those who have miscarriages after more than twenty weeks pregnancy; 21 days’ Miscarriage Leave is given to those who have miscarriages between twelve weeks to twenty weeks of pregnancy; 14 days’ Miscarriage Leave is given to those who have miscarriages after twelve weeks of pregnancy. All Maternity or Miscarriage Leave must be taken at one time. If necessary, partial Maternity Leave can be applied before delivery when Pre-Maternity Leave has all been taken. It should not exceed 12 days and do not have to be taken at one time. The number of Maternity Leave being taken before delivery must be deducted from Miscarriage Leave.
5 In the case of a spouse giving birth or having a miscarriage after more than twenty weeks pregnancy, an employee can apply for a five-day Accompanying Maternity Leave. But this should be taken within fifteen (including holidays) days before or after the date of delivery or miscarriage.
6 Because of the death of a parent or spouse, ten days of Funeral Leave are given to the employee; seven days of Funeral Leave for the death of a step father/mother, a Spouse’s father/mother, a son or a daughter, three days Funeral Leave is given to the employee for the death of a Great Grandfather/mother, Grandfather/mother, a Spouse’s Grandfather/mother, a Spouse’s Step father/mother, a brother or a sister. Funeral Leave should only apply to natural blood relatives or the spouse’s blood relatives, except for in the cases of a step father/mother, a Spouse’s step father/mother Funeral Leave should be limited to whether the employed personnel who or whose spouse had been cared for by their step father/mother before their death. Funeral Leave must be taken within 100 days from the date of death.
7 For those donating bone morrow or organs, the number of leave days is determined by the requirement of the situation.
Personal Leave stated in above Subparagraph 1, Paragraph 1, is calculated on a pro-rata basis for the employee who has less than a year of service, according to the proportionate number of months employed. After calculation, if less than half a day, half a day is recorded, if over half a day but less than a day, one day is recorded.
An application for leave that exceeds the regulation stated in Paragraph 1 , will require a deduction of salary based on the daily pay rate. When the number of days exceeds 1/12 of the employment period, the employment must be terminated immediately. However, when the number of days require a deduction of salary exceeds due to miscarriage prevention, the contract cannot be terminated during the employment period.
Article 4
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.
Article 5
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.
Article 6
The Leave given to the employees of those Designated Organizations, is specially regulated according to this ordinance, and applications must be submitted to the relevant Ministry,Committee, Board,Department,Bureau, Commission, Yuan or Provincial Government,or City Government,County (City) Government with Direct Jurisdiction for approval.
Article 7
Each Organization must include the details as regulated by this Ordinance into each employee’s contract.
Article 8
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.