Maternity Protection and Family Care Leave in Korea

Statutory Entitlements 

Korea provides extensive statutory protections to support pregnancy, childbirth, and family care under the Labor Standards Act and the Equal Employment Opportunity and Work-Family Balance Assistance Act (“Equal Employment Act”).

Maternity Protection

• Maternity Leave  출산전후휴가

Pregnant employees are entitled to 90 days of maternity leave before and after childbirth (100 days in the case of premature birth and 120 days for multiple births), with at least 45 days (or 60 days for multiple births) allocated after childbirth. Employees with a history of miscarriage or other qualifying circumstances may take the pre-birth portion of the leave in separate periods.

During this period, wages are paid either entirely by Employment Insurance or jointly by Employment Insurance and the employer, depending on the company’s size and the employee’s wage level.

• Paternity Leave  배우자 출산전후휴가

Employees whose spouse is pregnant or has given birth are entitled to 20 days of paternity leave. This leave may begin up to 50 days before the expected date of childbirth and must be used within 120 days of the child’s birth. The period may be split up to 3 times. During this time, wages are paid either entirely by Employment Insurance or jointly by Employment Insurance and the employer, depending on the company’s size and the employee’s wage level.

• Miscarriage and Stillbirth Leave  유산사산휴가

If an employee experiences a miscarriage or stillbirth, leave is granted based on the stage of pregnancy: 10 days for pregnancies up to 15 weeks, 30 days for 16-21 weeks, 60 days for 22-27 weeks, and 90 days for 28 weeks or more. During this period, wages are paid by Employment Insurance.

• Spouse's Miscarriage and Stillbirth Leave  배우자 유산사산휴가

Employees whose spouse experiences a miscarriage or stillbirth are entitled to up to 5 days of leave, of which the first 3 days are paid. The leave must be requested within 20 days of the miscarriage or stillbirth.

• Prenatal Medical Check-up Time  태아검진 시간

Pregnant employees must be permitted the time required to attend their regular prenatal medical examinations.

• Reduced Working Hours During Pregnancy  임신기 근로시간 단축

Female employees who are within the first 12 weeks or after the 32nd week of pregnancy (or throughout pregnancy if there is a risk of miscarriage or premature birth) must be allowed to reduce their working hours by two hours per day upon request. Employers are not permitted to reduce wages on the grounds of such reduced working hours.

• Nursing Hours  수유시간

Female employees with an infant under 1 year of age must be granted 2 paid breastfeeding breaks per day, each lasting at least 30 minutes, upon request.

• Infertility Treatment Leave  난임치료휴가

Employees are entitled to take up to 6 days per year for infertility treatments such as artificial insemination or in vitro fertilization. The first  2 days of leave are paid. (From November 27, 2026, the paid period will be extended to the first 4 days.) Wages for the paid period are covered either entirely by Employment Insurance or jointly by Employment Insurance and the employer, depending on the company’s size and the employee’s wage level.

• Menstrual Leave  생리휴가

Female employees are entitled to 1 day of unpaid menstrual leave per month.

Work-Family Balance Support

• Childcare Leave  육아휴직

Childcare leave may be taken by pregnant employees, or by employees who need time off to care for a child aged 8 or under, or in the second grade of elementary school or below. Male employees may also take childcare leave before childbirth to care for a pregnant spouse who is at risk of miscarriage or premature birth.

The standard entitlement is 1 year per child, with an additional 6 months available in certain cases, such as when both parents take at least 3 months of childcare leave, in single-parent households, or when caring for a child with a severe disability. Childcare leave may be split up to 3 times. 

Employees may take short-term childcare leave of either 1 or 2 weeks, once per year. This period is included in the total childcare leave entitlement.

During childcare leave, wages are paid by Employment Insurance.

• Reduced Working Hours for Childcare  육아기 근로시간 단축

Employees who need reduced working hours to care for a child aged 12 or under, or in the sixth grade of elementary school or below, are entitled to apply for reduced working hours for up to 1 year. If any portion of childcare leave remains unused, twice that amount may be added to the period. After the reduction, weekly working hours must be between 15 and 35 hours. 

Wages and working conditions during the reduced working hours period are applied proportionately based on the reduced hours, with part of the reduced wages subsidized by Employment Insurance. Reduced working hours for childcare may be used in separate periods, but each period must be at least 1 month in length.

• Family Care Leave  가족돌봄휴직

Employees may request unpaid leave to provide long-term care for a family member due to illness, accident, or advanced age. Up to 90 days may be taken per year, and the leave may be divided into separate periods, although each period must be at least 30 days in length.

• Short-term Family Care Leave  가족돌봄휴가

Employees may request unpaid short-term leave when they need to provide urgent care for a family member due to illness, accident, or advanced age. Up to 10 days may be taken per year, and the leave may be taken 1 day at a time. The period of short-term family care leave is included in the total entitlement for family care leave.

• Reduced Working Hours for Family Care or Personal Needs  가족돌봄 등을 위한 근로시간 단축

Employees may request reduced working hours for purposes such as family care, personal health, retirement preparation, or academic study. After the reduction, weekly working hours must be between 13 and 30 hours. Up to 1 year may be taken, and the period may be extended for up to an additional 2 years if there are valid grounds for extension. Wages and working conditions during the reduced working hours period are applied proportionately based on the reduced hours.

Employer Takeaways

Korea provides strong statutory protections related to pregnancy, childbirth, and family care, and employers must ensure strict compliance with all leave and reduced-hours entitlements. Proper administration of approvals, wage payments, and documentation is essential to minimize legal risk and maintain employee trust. 

If you require assistance with compliance related to maternity, childcare, or family care leave, please contact us.