The Ministry of Labor promulgated the Rules for Implementing Maternal Health Protection (hereinafter, the "Rules") via the Lao-Zhi-Shou-1030202315 Circular of December 30, 2014. The Rules came into effect on January 1, 2015.
Article 31, Paragraphs 1 and 3 of the Occupational Safety and Sanitation Law provide: "Employers shall institute hazard assessments, controls, and hierarchy management measures for work which is potentially hazardous to maternal health in industries designated by the central competent authority; for female laborers who are still within their first postpartum year, work adjustment or reassignment or other protective measures shall be adopted in accordance with the physician's suitability assessment recommendations, and records of these measures should be kept," and "regulations regarding the designation of industries, types of work considered potentially hazardous to maternal health, hazard assessment procedures and controls, hierarchy management methods, suitability assessment principles, work adjustment or reassignment, physician qualifications and report formats, and records keeping in Paragraph 1 and other binding matters to be complied with shall be stipulated by the central competent authority." The Ministry of Labor formulated the Rules pursuant to such authorization. Major provisions are discussed below.
- Article 2 provides for and explains the terms and the maternal health protection period (hereinafter, the "Protection Period"), which refers to a period between an employer's knowledge of a female worker's pregnancy and one year after childbirth.
- Articles 3, 4 and 5 provide that the designated industry jobs to which maternal health protection shall apply during the Protection Period, including work engaged by workers on reproductive toxic substances or chemicals with unfavorable impact on breast-feeding functions in a business unit with a work force of 300 people; or industry jobs such as manual lifting, cargo handling, pushing or pulling heavy objects, shift, night shift, working alone and heavy workload, lead-related operation, etc.
- Articles 6 through 12 provide for hazard assessments, control measures, interview and guidance, suitability assessment and relevant measures of maternal health protection. Article 13 provides that records shall be kept and that relevant documents and records shall be maintained for at least three years.
Article 15 provides that female workers who still breastfeed their children one year after childbirth may request maternal health protection from the employer.