The purpose of this paper is to create an understanding of the negotiation process behind the decision of who will stay at home with a sick child and to develop the knowledge of the mechanisms considered to affect the negotiation process, in particular, the mechanisms likely to contribute to an uneven use of care leave. In the study six interviews were conducted with three sets of parents. These interviews were then analysed with Janet Finch’s (1989) definition of negotiation of family responsibilities. The study finds that the negotiation on care leave is a result of the negotiation of the shared view of reality. This image is in turn influenced by a number of institutional aspects such as job design, relative resources, and the couple's ideological points. Previous studies that found that relative resources, converted to salary, affects the distribution greatest. Instead the results of this study points out that the nature of work is most important for how parents divide their care leave. If one parent have work that easier can be pushed forward or to be away from, the latter tend to be the one who stays at home. This arrangement, however, is affected by a number of other factors. For example, the ideas of a fair distribution of care leave counteract this tendency.

臺灣勞工家庭照顧假自2002年3月8日施行至今已屆滿15年，其間經過2次修正，將適用範圍逐漸擴大到全部事業單位，讓全臺灣勞工在遇有家庭成員需要預防接種、發生嚴重之疾病或其他重大事故時，而必須親自照料該家庭成員時，都能受到保障。在過去15年裡，有部分勞工因為此項政策而得到實際幫助，彰顯家庭照顧假確實有存在的必要。 然而，從勞動部「2016年僱用管理就業平等概況」調查報告結果，雇主會同意員工申請(或有提供)家庭照顧假者，比例僅有77.1%，表示家庭照顧假雖然已經實施15年之久，卻仍然無法全面落實，似乎有其瓶頸在。 本研究是從企業人資主管的立場，探討家庭照顧假未能全面落實的原因、企業進行把關的目的，以及如何增進目前家庭照顧假的政策內容，期以提升未來的施政成效。研究發現，受訪企業都有依法給假，透過員工請假的舉動，可間接瞭解員工目前身心狀況，提出適時且必要的援助。研究建議，短期建議將家庭照顧假與事假的天數分開計算，長期建議在搭配社會保險方式下，將現行無薪家庭照顧假改制為有薪，最終目的在使家庭照顧假得真正全面落實。 / It has been almost 15 years since the policy on Taiwan’s Family Care Leave was enacted in March 8th 2002. After two amendments, the scope of application of the Family Care Leave has covered all business sectors. This policy ensures that when an employee has to take care of a family member who requires a vaccination or who is seriously ill, or when an employee must personally attend to his/her family member for other important reasons, the employee may take Family Care Leave. In the last 15 years, a portion of the work force has benefited from this policy, which has shown forth the necessity of the policy. However, Ministry of Labor’s survey report shows that, only 77.1% of the employers agreed to provide Family Care Leave for their employees. This report has shown that even after 15 years, the policy still cannot be fully implemented. This paper is to examine the extent to which Family Care Leave policy has been implemented, why business corporations maintain checks on the policy, and how can the Family Care Leave policy be enhanced to improve the effectiveness of governance. This study has found, all interviewed companies have complied with the Family Care Leave policy. Through observing the reasons why employees use Family Care Leave, employers can have a better understand of their employees’ family situations and their heath conditions thus provide further assistance. The study suggests that in the short term, Personal Leave and Family Care Leave should be calculated separately. In the long term, accompanied by the social insurance system, a paid Family Care Leave should be implemented. The ultimate goal is to truly implement the Family Care Leave policy.