The topic of maternity leave is often misunderstood at the same point: it is thought to be a single, one-off matter. In reality, it has two layers that come from different laws, and the money comes from different sources.
- The right to leave comes from the labor protection law; it is the employer's duty to grant the leave.
- The money comes from two channels: wages paid by the employer for a certain period, and the stoppage-of-work benefit from the Social Security Office for another part.
Once you understand that there are two layers, you will immediately see why some employees do not receive the full amount they expect: because they filed with their employer but did not file with the Social Security Office, or their contributions did not meet the conditions.
Number of Days and Payment Shares
The number of leave days and the share each party is responsible for have been adjusted from time to time, including the counting of leave days for antenatal check-ups. One should check the figures in effect at the time of exercising the right with the Department of Labour Protection and Welfare and the Social Security Office, rather than relying on figures one has heard.
What does not change is the principle: the employer pays one part, the fund pays another part, and both parts must be filed separately.
What employers are prohibited from doing
- Terminating employment because of pregnancy
- Having a pregnant female employee perform prohibited work as prescribed by law, such as lifting loads exceeding the prescribed weight, or working with machinery that has vibration
- Refusing a request for temporary job reassignment accompanied by a medical certificate without reasonable cause
- Cutting existing rights, such as reducing annual leave days or welfare benefits because of maternity leave
What Employers Should Do — Starting Before the First Case
Write the procedure into the work regulations, specifying whom to notify, how far in advance, and what documents to use, so that decisions do not have to be made case by case, which often leads to inconsistent treatment among employees.
Make clear who pays which portion, and inform employees in advance which part they must submit to the Social Security Office on their own.
Plan replacement work months in advance, not in the final week, because last-minute planning is what pressures employees into taking shorter leave, which is a legal risk.
Record every date — the date the pregnancy was reported, the date the leave request was filed, the date of approval — because if a dispute arises later, the timeline is the first thing examined.
Employee side: What should you do?
- Notify the employer in writing and keep evidence of the date of notification.
- Check your insured person status and the number of months of contributions paid before the due date.
- Keep all medical certificates, receipts, and delivery documents.
- Submit a claim for benefits to the Social Security Office within the deadline.
- If there is a change in position or wages after returning to work, request it in writing before making a decision.
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If dismissed during pregnancy or after returning from maternity leave, consult a lawyer for free, call 092-254-2045
This article provides general information, not legal advice for a specific case. The number of leave days and payment rates may be updated; please check before exercising your rights.