美國親職假相關法制之研究─兼論我國相關法制未來應有之發展

• Main Authors: LIANG, CHIH-JUNG, 梁芷榕
• Other Authors: CHENG, CHIN-CHIN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/76136659849311279031

碩士 === 國立中正大學 === 法律系研究所 === 104 === A Family is the root of a human being whom, in all aspects of definition, may be qualified as a labor of the modern society. To the balancing of works and family livings, there exists a need of the Parental Leave Law (PLL) and what shall be covered for all concerns. To date, researches of the PLL in Taiwan focus mainly on the duration and payment availability of maternity leave, paternity leave, and parental leave. These studies share very common comparative materials with respect to the similar laws among higher welfare European countries. However, the parental leave law is not only comprised of maternity leave, paternity leave, and parental leave but also family leave so that labor as an employee of a private sector is eligible and viable to take care of family members in many needs other than illness and attention requirements. Provable results of the infrastructure and establishment mechanism of the parental leave law are not frequently discussed, while this study notices that the USA Family and Medical Leave Act (USA FMLA) covers most of the concerns and worth to be a referable study resource. This thesis focuses on the infrastructure of the PLL where includes maternity leave, paternity leave, parental leave and family leave. Comparative materials between the USA FMLA and the Taiwan Parental Leave Law (Taiwan PLL) are retrieved to set aside for the gender equality, and to observe the balance between employee rights and employer interests. Suggestive findings of the study may serve to call a further amendment of the Taiwan PLL since no existence of balance between employee rights and employer interests has been found. The study urges Taiwan law makers shall consider both that employers share more responsibility of the social equality and that the gender equality shall be included in the establishment of counter laws. The USA FMLA schema may provide to be a choice of reference source for the amendment of Taiwan PLL. Results also suggest that more affirmative and applicable Taiwan PLL will be much appreciated especially for dealing with the emerging social issues of less children in a family, elderly generation and disabilities.