The Ministry of Labor yesterday said that it has decided not to relax regulations governing workers’ overtime hours when it implements flexible parental leave next month, adding that it would instead focus on helping businesses better manage their workforce by ensuring that employers reasonably allocate overtime hours, clarify leave arrangements and establish a talent pool.
The flexible parental leave program — proposed by the ministry to address the low birthrate — allows workers to flexibly use up to 30 days of their maternity or paternity leave, which can span a period of up to two years, in the event of emergencies involving their young children.
As part of the policy’s supporting measures, the ministry had initially planned to allow employers to assign workers who have reached the maximum allowable overtime hours to substitute for employees taking emergency parental leave.
Photo: Taipei Times
However, the ministry decided not to implement the measure.
Huang Chi-ya (黃琦雅), head of the Department of Labor Standards and Equal Employment, said last year’s trial highlighted the need to adjust overtime rules, as companies reported that other staff would have to cover for employees on emergency leave.
“Bookkeepers, hair stylists, franchise store owners and job bank operators have voiced concerns that the supporting measure would heighten the risk of overwork. As small businesses, they have limited capacity to handle occupation-related deaths and injuries. Meanwhile, the regulations already give employers adequate flexibility to allocate overtime hours,” Huang said.
Most of the employers told the ministry that the biggest obstacle preventing employees from taking parental leave is the administrative procedures involved to apply for parental subsidies and incentives, Huang said, adding that the Bureau of Labor Insurance has simplified procedures for applicants.
The ministry would focus on helping corporations better arrange personnel, Huang said.
“Many companies have a very limited understanding of the flexibility in regulations on overtime. Most only know that employees cannot work more than 12 hours per day and overtime hours cannot exceed 46 hours,” she said.
“What they did not know is that the current system also includes a total overtime cap, allowing up to 54 hours per month, and exempts overtime on national holidays from the 46-hour limit. As long as companies complete the legally required labor-management consent procedures, they can make full use of these provisions,” she said.
Starting next year, businesses with 30 or fewer employees would be awarded NT$1,000 if they allow workers to have one day of parental leave, Huang said.
Employers should stipulate clear procedures required to request parental leave and allow employees to do so using Line and other messaging apps in emergency circumstances, she added.
“Employers know that, under the new policy, workers can request parental leave five days in advance so that substitutes can be arranged. Workers can only file the request one day ahead or ask colleagues to do so on their behalf if children must be picked up from school immediately due to illnesses and other emergencies,” she said.
Corporations can establish a part-time workforce from which they can find substitutes when full-time workers are on leave, she said.
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