Newsletter
The Amendments to the Act of Gender Equality in Employment
The Amendments to the Act of Gender Equality in Employment came into effect on December 11, 2014 ("Amendments"). The key points of the Amendments are:
1. According to the Amendments, fifty percent of the female employee's daily salary shall be paid to her while she is on menstrual leave regardless of whether said leave is considered as "sick leave" or "non-sick leave".
According to Article 14 of the Act of Gender Equality in Employment, if a female employee has difficulties in performing her work during her menstruation period she may request for one day menstrual leave each month. In other words, a female employee may take menstrual leave up to 12 days in a year. Prior to the Amendments, if the cumulative menstrual leave does not exceed 3 days in a year, the said leave will be considered "non-sick leave" and will be without pay. However, if the menstrual leave taken in a year exceeds 3 days, the days of leave that are over 3 days shall be counted as "sick leave", and the payment shall accordingly shall be based on the "sick leave" rules, e.g. where sick leave does not exceed 30 days in one year, fifty percent of the daily salary shall be paid for the same.
After the Amendments, a female employee will receive fifty percent of her daily salary for the menstrual leave that does not exceed 3 days as well.
2. The Amendments allow an employee, who is pregnant, to additionally take 5 days' leave for prenatal examination. In addition, an employee whose wife is in labor may take 5 days' leave as paternity leave. Before the Amendments, only 3 days may be taken as paternity leave.
3. An employee may apply for parental leave before any of his/her children reach the age of three years old, provided that the employee has been in service for 6 months. Prior to the Amendments, the employee's service period requirement was one year.
4. Employers hiring more than two hundred and fifty employees shall set up child care facilities or provide suitable child care measures. The Amendments additionally require the above employer to set up a breast-feeding room/lactation room.