In Taiwan, a recent incident in which an airline cabin crew member continued to work while ill and passed away after returning to Taiwan has raised social concerns regarding a corporate culture that discourages workers from taking sick leave. According to a Ministry of Labor survey, approximately 46% of employees took sick leave in the past year; however, more than 10% of them reported experiencing disadvantageous treatment regarding performance evaluations, promotions, attendance bonuses, or shift scheduling due to their leave, indicating significant issues in current practices. 

In response, the Ministry of Labor has announced a draft amendment to the “Regulations of Leave-Taking of Workers” on November 20, 2025. The amendment primarily adds Article 9-1, stipulating that employers shall not impose any adverse disposition on a worker who has taken ordinary sickness or injury leave totaling no more than 10 days within one year. Should a worker claim to have been subjected to adverse treatment, the employer shall bear the burden of proving that such disposition is unrelated to the worker’s taking of sick leave. Even where a worker’s ordinary sickness or injury leave exceeds 10 days within one year, employers must, for the purpose of personnel evaluation, make a comprehensive assessment based on the worker’s capability, attitude, and actual performance, and shall not base such evaluation solely on the number of days of ordinary sickness or injury leave taken. Furthermore, pursuant to Article 7, Paragraph 2 and Article 9, Subparagraph 3 of the draft amendment, workers may apply for personal leave for the purpose of personally caring for family members on an hourly basis. Employers are prohibited from regarding such personal leave taken for family care as non-attendance (absence) or allowing it to affect the worker’s full attendance bonus. Violations of the aforementioned regulations may result in the competent authority imposing a fine of up to NT$1 million in accordance with the Labor Standards Act. 

The amended provisions are scheduled to take effect on January 1, 2026, upon completion of the legislative process. Companies operating in Taiwan are strongly advised to promptly review whether their performance evaluation and attendance bonus systems comply with the revised laws and underlying intent, and to improve internal policies accordingly. Please be reminded that establishing a lawful work environment in which employees can safely take sick leave will become increasingly important.