論臺灣女性勞工之產假制度【本期企劃】 試閱
The Maternity Leave System in Taiwan
臺灣勞動基準法與性別工作平等法中設有許多母性保護之保護性立法，其中關於產假的規定，在後者之明文比前者來得更加充實。然產假期間雇主有無給付工資之義務，對勞雇雙方的權益而言，實是一非常重要的問題。勞動基準法中規定，產假係有薪產假，惟雇主給付工資之數額是全部或減半給付，則視勞工是否受僱工作滿6個月而有所不同。此種區分是否合理，以及性別工作平等法上產假如何給薪，為本文主要之關心議題。
There is protective legislation on maternity protection in the Labor Standards Act and the Act of Gender Equality in Employment in Taiwan. The Act of Gender Equality in Employment establishes a more complete maternity leave system than the Labor Standards Act. However, whether the employers shall pay the salary is really an important issue for both the employers and the employees. Accordiong to the Labor Standards Act, if the female worker referred to in the preceding paragraph has been employed for more than six months, she shall be paid regular wages during the maternity leave, while if her period of service is less than six months, she shall be paid wages at half of the regular payment. Whether the so-called six months requirement is reasonable and the computation of wage during maternity leave established by the Act of Gender Equality in Employment are the chief concerns of this essay.
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