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MATERNITY LEAVE FOR ALL PREGNANCIES OVER 20 WEEKS



The Gender Equality in Employment Law (GEEL) defines maternity leave more broadly than the Labor Standards Law. Since the GEEL took effect, the CLA has received frequent en-quiries from employers asking for clarification of the distinction between birth and abortion or miscarriage. An interpretation issued by the Department of Health at the CLA's request states that the outcome of any pregnancy of 20 weeks or longer is to be regarded as birth. In other words, if a female employee is pregnant for 20 weeks or more, then the outcome of the preg-nancy is to be regarded as a birth regardless of whether it is a stillbirth, live birth or even an ar-tificial abortion. Accordingly, the employer must grant eight weeks’ maternity leave, or two days’ leave for a spouse to accompany the birth.
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