The death last month of an EVA Airways flight attendant who fell ill at work struck a chord with wider Taiwanese society, bringing to the fore long-term and systemic issues about workers feeling that they cannot afford to take sick leave.
Minister of Labor Hung Sun-han (洪申翰) on Thursday last week announced amendments to the Regulations of Leave for Workers (勞工請假規則) to state that when a worker takes no more than 10 days of sick leave in a year, the employer cannot take any unfavorable action. It is a move that gets to the heart of a key issue that workers face.
For a long time, Taiwanese workplaces have fostered a culture that demands perfect attendance. Although the Labor Standards Act (勞動基準法) enshrines the right of workers to take sick leave, in reality, it usually comes at a cost. Beyond the usual deduction of half a day’s pay, there are also often other punitive measures, which can include missing out on attendance bonuses or impacts on annual performance reviews, and can lead to workers being labeled as “uncooperative” or “unreliable.”
With these risks hanging over workers’ heads, many carry on even when their bodies are sounding the alarm, afraid that taking a day of sick leave would undermine the rest of their year’s hard work.
Therefore, it is encouraging that the Ministry of Labor has proposed amendments to decouple sick leave from punishment. Ten days might not be much, but it at least secures a minimum buffer for workers as a basic safety net.
The ministry has signaled that workers’ rights to health take precedence over the authority of employers, allowing employees to rest and recover, regardless of whether they might have a cold, coronavirus or another illness.
For industries concerned with public safety, including healthcare and transportation, these amendments protect both the public and workers. If pilots, flight attendants and nurses were to work while sick, their reduced ability to concentrate can pose serious risks to well-being that go far beyond any cost savings.
The ministry’s swift and decisive response to public concerns should be commended, but regulations do not implement themselves. The ministry should establish concrete penalties and conduct proper inspections to ensure compliance is not undermined by “unwritten” company standards.
It is time for Taiwanese workplace culture to move beyond the toxic model of seeing who can hold out the longest and toward one that prioritizes health and sustainability — which serves both workers and management.
Yang Chih-chiang is a teacher.
Translated by Gilda Knox Streader
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