For employees, did you know you’re entitled to mandatory leave with pay? And if you were asked to work on a public holiday, you’d get double pay? These provisions are part of the Labor Standards Act, which governs employment terms and conditions in Taiwan.
The Labor Standards Act provides guidelines for employees’ working hours, rest days, paid leave, overtime pay, and more. It was enacted to ensure that the rights of workers, including OFWs, are protected. In this article, we will focus on the rules regarding mandatory leave and holidays.
Understanding Required Leave and Holidays in Taiwan
Just like in the Philippines, workers in Taiwan are entitled to different types of leave. Some of these involve full pay, while others require half pay, or no pay at all. Similarly, if workers were asked to work during a public holiday, they are entitled to double pay.
Public Holidays
Let’s start with the holidays first. When employees are requested to work during a public holiday, they should get double the amount of their daily wage. In some cases, they can opt for compensatory days off instead of getting overtime pay (or double pay) — as long as there’s a clear agreement between them and their employer.
For reference, here is a list of the public holidays in Taiwan:
- Foundation Day — January 1;
- Lunar New Year — Includes Lunar New Year’s Eve and first 3 days of lunar calendar (usually between mid-January and mid-February);
- Peace Memorial Day — February 28;
- Children’s Day — April 4;
- Tomb Sweeping Day — April 5;
- Labor Day — May 1;
- Dragon Boat Festival — 5th day of the 5th month of the lunar calendar (usually between late May and early June);
- Teacher’s Day — September 28;
- Mid-Autumn Festival — 15th day of the 8th month of the lunar calendar (usually between mid-September and early October);
- National Day — October 10;
- Taiwan Restoration Day — October 25; and
- Constitution Day — December 25.
NOTE: In May 2025, the Taiwan Government added four additional public holidays to the list — the day before Lunar New Year’s Eve, Teacher’s Day (September 28), Taiwan Restoration Day (25 October), and Constitution Day (25 December).
Annual Leave
Every year, workers are entitled to annual leave (with pay). The length of their annual leave is based on how long they have worked (years of service) for the company, as follows:
- 3 Days Paid Leave — For those with more than 6 months but less than 1 year of service;
- 7 Days Paid Leave — For those with more than 1 year but less than 2 years of service;
- 10 Days Paid Leave — For those with more than 2 years but less than 3 years of service;
- 14 Days Paid Leave — For those with more than 3 years but less than 5 years of service; and
- 15 Days Paid Leave — For those with more than 5 years but less than 10 years of service.
NOTE: Those with more than 10 years of service are given 1 additional day for each year of service, up to a maximum of 30 days.
Maternity Leave
Female employees are entitled to maternity leave (with full pay) before and after childbirth, for a total combined period of 8 weeks.
However, in the case of a miscarriage, the length of maternity leave varies, depending on these conditions:
- In the case of a miscarriage after the first 3 months of pregnancy, the employee is given a 4-week maternity leave;
- In the case of a miscarriage after a 2-3 month pregnancy, the employee is granted a 1-week maternity leave; and
- In the case of a miscarriage after a 1-2 month pregnancy, the employee is entitled to a 5-day maternity leave.
Paternity Leave
Employees are given 7 days of paternity leave (with full pay), so that they can accompany their spouse during pregnancy checkups, or when their spouse is about to give birth/has given birth.
Sickness and Disability Leave
Employees’ sickness or disability leave depends on whether the sickness/injury requires or does not require hospitalization:
- If an employee’s sickness/injury requires hospitalization, he/she is entitled to sick leave (with pay) for up to one year.
- In contrast, if the sickness/injury does not require hospitalization, he/she is entitled to sick leave (with half pay or 50% of regular salary) for up to 30 days in one year.
In both cases, the employee must provide supporting documents regarding his/her sickness or injury.
Other Types of Leave
Other types of leave that workers may be entitled to include official or public leave, marriage leave, compassionate leave, pre-natal exam leave, personal leave, and family care leave.
Official or Public Leave
This type of leave is given to employees who are required by law to take up education or duty related to national service (e.g. military service). The length of time is based on the actual requirements, with the employee entitled to full pay during the leave.
Marriage Leave
As the term says, this leave is granted to employees who are about to get married. The 8-day marriage leave (with full pay) may be used starting from 10 days before the marriage date, and must be completed within a one-year period.
Compassionate Leave
Also known as “bereavement leave” or “funeral leave,” the compassionate leave is granted to employees whose loved ones passed away. This is a full-paid leave, ranging from 3 to 8 days, depending on the employee’s relationship to the person who died:
- 8 Days Compassionate Leave — For the worker whose parent, foster-parent, step-parent, or spouse has passed away;
- 6 Days Compassionate Leave — For the worker whose grandparent, son, daughter, spouse’s parent, foster-parent or step-parent has passed away; and
- 3 Days — For the worker whose great-grandparent, brother, sister, or spouse’s grandparent has passed away.
Prenatal Exam Leave
In connection with the maternity leave, the 7-day prenatal exam leave (with full pay) is given to female employees who need to undergo checkups during their term of pregnancy.
Menstruation Leave
A female employee who is having difficulties performing her work during her menstruation period may take a 1-day menstruation leave (with half-day pay) each month.
Personal Leave
In cases where an employee needs to address a personal matter, he/she can take a personal leave (without pay) for up to 14 days in a year.
Family Care Leave
Likewise, in cases where an employee’s family needs personal attention (e.g. giving birth, suffering from a serious illness, or other concerns), he/she can take a family care leave (without pay) for up to 7 days in a year.
Parental Leave
As the term implies, an employee may apply for parental leave (without pay) to take care of his/her child who is below 3 years old. Only those with at least 6 months of service may be eligible for this leave, which can range from 30 days up to 2 years.
As you can see, there are different types of leave that workers in Taiwan are entitled to. Whether you’re an employer or employee, it’s important to know the above provisions, along with the other guidelines mentioned in the Labor Standards Act.
Meanwhile, if you’re a prospective employee, be sure to read your job contract thoroughly and don’t be shy to ask questions and clarifications. You should also be aware of these red flags that mustn’t be ignored!