Hello, this is attorney Choi Jong-ha of Cheongchul Law Firm.

Leave and leave-of-absence rules relating to childbirth, child-rearing and family care are amended frequently, so it is not unusual for employers to be operating on outdated standards that no longer match the current provisions. In this article, I summarize the requirements of each type of leave and the employer's obligations under the Labor Standards Act (근로기준법, in force from October 8, 2026) and the Equal Employment Opportunity and Work-Family Balance Assistance Act (남녀고용평등과 일·가정 양립 지원에 관한 법률, hereinafter the 'Equal Employment Opportunity Act', in force from September 18, 2026), as they stand in October 2026.

First is maternity leave for pregnant female employees. Labor Standards Act Article 74(1) (근로기준법 제74조 제1항) requires the employer to grant 90 days of leave before and after childbirth combined (100 days for a premature baby, 120 days for twins or other multiple births), with at least 45 days (60 days for multiple births) allocated after the birth. The first 60 days (75 days for multiple births) are paid, and where maternity leave benefits have been paid, the employer is relieved of its payment obligation up to that amount (Article 74(4); Equal Employment Opportunity Act Article 18 (남녀고용평등법 제18조)). Leave must also be granted upon the employee's request in the case of miscarriage or stillbirth (Article 74(3)). When the leave ends, the employee must be reinstated to the same work as before the leave or to a position paying an equivalent level of wages (Article 74(6)). Violations of Article 74(1) through (5) are punishable by imprisonment of up to 2 years or a fine of up to KRW 20 million (Article 110, Subparagraph 1), and violation of the reinstatement duty by a fine of up to KRW 5 million (Article 114, Subparagraph 1). Reduced working hours during pregnancy (Article 74(7)) and changes to start and finish times (Paragraph 9) must be allowed; failing to do so results in an administrative fine of up to KRW 5 million (Article 116(2), Subparagraph 2).

Next is spousal childbirth leave (paternity leave). Equal Employment Opportunity Act Article 18-2 (남녀고용평등법 제18조의2) requires the employer to grant 20 days of paid leave when an employee gives notice of leave on the ground of their spouse's pregnancy and childbirth. This leave may be used from 50 days before the spouse's expected delivery date, may not be used once 120 days have passed from the date of birth, and may be split into up to three separate periods. Where maternity leave benefits or similar payments are made for the period used, the employer is relieved of its payment obligation to that extent. Dismissing or otherwise treating an employee unfavorably because of spousal childbirth leave is punishable by imprisonment of up to 3 years or a fine of up to KRW 30 million (Article 37(2), Subparagraph 2-2). This provision was amended on March 17, 2026 and has been in force since September 18, 2026, so if you are still operating under the previous standard, you should review your practice against the current rules.

There are also separate leaves for a spouse's miscarriage or stillbirth and for infertility treatment. Leave for a spouse's miscarriage or stillbirth must be granted for up to 5 days, the first 3 of which are paid, and must be requested within 20 days from the date the spouse miscarried or had a stillbirth (Article 18-4). Infertility treatment leave is up to 6 days per year, the first 2 of which are paid, and if it would cause serious disruption to business operations, the employer may consult with the employee and change the timing. The employer must not disclose, against the employee's will, facts learned in the course of handling the request (Article 18-3).

Parental leave must be allowed when an employee applies for it to raise a child aged 8 or younger or in the second grade of elementary school or below, and the period is up to 1 year. Where both parents have each used 3 months or more of leave for the same child, or where the employee is a single parent or the parent of a child with a disability, up to 6 additional months may be used (Article 19(1) and (2)). Under the amendment of February 19, 2026, parental leave taken in units of 1 or 2 weeks, once a year, must also be allowed where there are grounds such as the closure or temporary closure of the child's institution, school vacations, or the child's illness. However, during vacation periods when applications are concentrated, the employer may consult with the employee and change the timing if there would be enormous disruption to business operations, in which case the reason for and period of the change must be notified in writing (Article 19(6) through (8)). Failing to allow parental leave or to reinstate the employee is punishable by a fine of up to KRW 5 million, and treating an employee unfavorably because of parental leave or dismissing them during the leave by imprisonment of up to 3 years or a fine of up to KRW 30 million (Article 37(4), Subparagraph 4; Article 37(2), Subparagraph 3).

Finally, family care leave of absence and family care leave. An employee may apply for family care leave of absence when a grandparent, parent, spouse, spouse's parent, child or grandchild needs care due to illness, accident or old age. It is up to 90 days per year and may be split, but each period must be at least 30 days. Family care leave is for urgently caring for a family member; it is up to 10 days per year, may be used in daily units, and may be extended to 20 days (25 days for single-parent employees) where the Minister of Employment and Labor extends it due to a disaster such as the spread of an infectious disease. Family care leave days are counted within the family care leave-of-absence period (Article 22-2(4)). The employer may refuse the leave of absence where there are grounds prescribed by Presidential Decree, such as being unable to hire a replacement, but must notify the employee of the reason in writing and endeavor to take measures such as adjusting working hours. This period is included in the period of continuous service but excluded from the period for calculating average wages, and dismissing or otherwise treating an employee unfavorably on this ground is punishable by imprisonment of up to 3 years or a fine of up to KRW 30 million (Article 22-2(6) and (7); Article 37(2), Subparagraph 6).

You should also check the procedures and exceptions set out in the Enforcement Decree and Enforcement Rules. Reduced working hours during pregnancy and changes to start and finish times are applied for by submitting a written request (including electronic documents) and a doctor's certificate no later than 3 days before the intended start date, and a change of start and finish times may be refused where it would cause serious disruption to normal business operations or where the change would result in a violation of safety and health laws concerning pregnant employees (Enforcement Decree of the Labor Standards Act Articles 43-2 and 43-3 (근로기준법 시행령 제43조의2, 제43조의3)). Miscarriage or stillbirth leave is requested with a medical institution's certificate attached, and is granted from the date of the miscarriage or stillbirth for up to 10 days where the pregnancy was within 15 weeks, 30 days for 16 to 21 weeks, 60 days for 22 to 27 weeks, and 90 days for 28 weeks or more (Enforcement Decree Article 43). For parental leave, an application by an employee with less than 6 months of continuous service may be refused (Enforcement Decree of the Equal Employment Opportunity Act Article 10 (남녀고용평등법 시행령 제10조)); the application must be made no later than 30 days before the intended start date, and the employer must notify the employee in writing or electronically that the leave is allowed within 14 days from the date of application. If no notice is given within that period, the leave is deemed allowed as applied for (Enforcement Decree Article 11(1), (5) and (6)). This provision was amended on August 18, 2026 and has been in force since September 18, 2026. Family care leave of absence may be refused only where the employee has less than 6 months of continuous service, where another family member is available to provide care, where the employer has filed a job opening with an employment security office and been unable to hire a replacement despite 14 or more days of effort, or where the employer proves that it would cause serious disruption to business operations (Enforcement Decree Article 16-3). Employers must not arbitrarily broaden their interpretation of these grounds for refusal.

In short, each of these schemes imposes an obligation on the employer to allow the leave once the employee applies, and the cases in which the employer may change the timing or refuse are limited to the exceptions expressly provided by law. Moreover, whether the leave is paid, the period in which it can be used and the number of permitted splits all differ by type of leave, making them hard to keep in mind at once. Rather than spelling out the details in your rules of employment, I recommend providing that the statutory rules apply, and checking the latest provisions whenever there is an amendment (or whenever an employee applies).

[Leave and Leave-of-Absence Comparison at a Glance]

[Application Procedures and Exceptions Comparison]