Article 19 of the Korean Labor Standards Act (LSA), in part, governs whether an employer must grant an employee unpaid maternity leave. Any employer, under the LSA, must grant a male or female employee maternity leave (Literal translation: Temporary Retirement for Childcare) if the child of the parent is taking care of the child and the child is under the age of 8 (Western/Legal Age).
The employer is required to give the employee a maximum of one year unpaid leave, the employer may not dismiss the employee or otherwise disadvantage the employee during this leave period and the employer must include this period in the employee’s “continuous employment” and must pay the employee, at least, the same wage amount as when the employee commences the leave as when the employee returns to work.
More articles on employment law that may be of interest to the reader.
- IPG’s Labor & Employment Law Team: Proactive, Efficient & Non-conflicted
- Korean Rules of Employment Necessary
- Choice of Law Issues in Employment Disputes
- Restrictive Covenants in Korean Employment Agreements
- Korean Labor Law Check List for Employers in Korea
Sean Hayes may be contacted at: SeanHayes@ipglegal.com.
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw.
Sean’s profile may be found at: Sean C. Hayes
- Part-time Worker Annual Paid Leave Obligations under the Korean Labor Standards Act
- IPG’s Korean Employment & Labour Law Chapter in Global Legal Insights 2018
- Termination after Childcare Leave in Korea: Childcare Leave Law in Korea
- Infertility/Subfertility & Childcare Leave Law in Korea
- Korean Contractual Holidays vs. Statutory Holidays: Korean Paid Leave/Holidays Explained
- Status of Interns Under the Korean Labor Standards Act: Employees Entitled to Severance/Minimum Wage?