Employers Should Implement Menstrual Leave Regulations as per the Gender Equality in Employment Act
The Ministry of Labor states that female employees who find it difficult to work due to menstruation are legally entitled to apply for one day of menstrual leave each month without the need to provide any related documentation. Employers are prohibited from denying this leave or considering it as absenteeism, which could negatively impact the employee's attendance bonus, performance evaluation, or lead to other unfavorable consequences.
The Ministry of Labor emphasizes that menstrual leave is granted based on the principle that there is a factual need due to the menstrual cycle. According to Article 14 of the Gender Equality in Employment Act, female employees who find it difficult to work due to menstruation are entitled to one day of menstrual leave per month. If the total number of menstrual leave days taken in a year does not exceed three days, these days are not counted towards sick leave. Any additional days will be counted towards sick leave. The salary for menstrual leave, whether counted towards sick leave or not, is paid at half rate.
The Ministry further explains that, for workers covered by the Labor Standards Act, the wages for ordinary sick leave that does not exceed 30 days within one year are paid at half rate. Therefore, the menstrual leave days that are counted towards sick leave, along with the sick leave itself, should not exceed 30 days in a year, and three additional days of menstrual leave that are not counted towards sick leave should also be paid at half rate by the employer. If an employee has exhausted their sick leave and the three days of menstrual leave not counted towards sick leave within the year, they may still apply for one day of menstrual leave per month, although the employer is not obligated to pay for this additional leave.
The Ministry of Labor reminds employees that if an employer violates these regulations, employees can submit relevant evidence and file a complaint with the local labor administration authorities [the Labor Bureau (Department) or the Social Affairs Bureau (Department) of the municipal or county (city) government] to protect their rights.