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Q：
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During the period of parental leave without pay, can a worker continue to receive the parental leave allowance if they also serve as representative person for another unit?
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A：
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No, they are not able. According to the Company Act or the Business Registration Act, if the insured person serves as a statutory representative for another unit during the period of parental leave without pay, it is presumed that they are engaged in business operations. This disqualifies them from claiming the parental leave allowance under the Employment Insurance Act. However, if the insured person meets any of the following conditions, they may submit the relevant proof documents, and the Bureau of Labor Insurance may still issue the parental leave allowance according to the law:
1. Proof that the unit is non-profit organization.
2. The applicant is no longer engaged is business operation:
- Proof that the unit has legally dissolved.
- Proof of change of representative person registered with the competent authority of the business or tax authority.
- Proof that the unit has terminated the appointment relationship with the applicant as a director or supervisor, or proof that the applicant has terminated the appointment relationship with the unit as a director or supervisor.
- If the applicant was falsely registered as the representative person by the unit and cannot provide the proof, they must submit proof of filing a complaint with the prosecutorial authorities.
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Q：
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Can a person who has served as a responsible person with over one year of actual work and labor insurance participation apply for the parental leave allowance?
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A：
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No, they are not able. Labor Insurance and Employment Insurance are different types of insurance, each with distinct legal bases, applicable subjects, and benefit items. The parental leave allowance falls under the Employment Insurance Act. According to this Act, employed workers between 15 and 65 years old must participate in insurance through their employer or affiliated institution as insured persons. Therefore, a responsible person does not fall under the scope of the Employment Insurance Act. Since the Bureau of Labor Insurance does not collect employment insurance premiums from responsible persons, they are not eligible to apply for the parental leave allowance.
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Q：
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Can an insured person continue to receive the parental leave allowance after their child turns three years old during the allowance period?
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A：
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No, they are not able. The eligibility for claiming the parental leave allowance is limited to the period before the child turns three years old. Therefore, if the insured person’s child turns three during the allowance period, the allowance should be issued only up to the day before the child’s third birthday.
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Q：
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If an insured person returns to work early or resigns during the period of receiving the parental leave allowance, should they proactively notify the Bureau of Labor Insurance?
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Yes, they should proactively notify the Bureau of Labor Insurance. The parental leave allowance is provided up to the day before returning to work or the day of resignation and withdrawal from insurance (if less than one month, it is calculated as one month). To avoid overpayment of the allowance, which may need to be repaid or recovered by the Bureau of Labor Insurance, the applicant must inform the Bureau if they return to work early or resign.
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Q：
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Can an insured person continue to receive the parental leave allowance if they return to work at their original unit for one or several days during the period of claiming the allowance?
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A：
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No, they are not able. If an insured person returns to work at their original unit for one or several days at the request of the employer, with their consent, it is considered an early return to work as per Article 3 of the Regulations of Implementing Parental Leave Without Pay. This situation does not comply with the regulations for parental leave without pay under the Gender Equality in Employment Act. The parental leave allowance should be issued only up to the day before returning to work. However, according to the law, if the insured person later meets the conditions for applying for parental leave without pay and has actual parental responsibilities, they may apply for the parental leave allowance again.
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FAQ
