The recent Moon Administration is making drastic changes to Korea’s Employment & Labor Law. A prior article on promises made by the Moon Administration was posted earlier in the year. Two interesting changes relate to “Subfertility Leave” and “Childcare Leave.” We shall be updating the reader over the next couple weeks on numerous other issues that are important for employers and employees to understand about Korean Employment & Labor Law. Check back often and subscribe via the link to Right.
Fertility Leave Law in Korea
Employees facing fertility issues may receive three days off per year with one of these days off being a paid day off – exceptions, however, exist. This amendment shall, likely, come into effect from May of 2018.
Childcare Leave Law in Korea
The present childcare leave law, in short, provides 40% of the regular salary in leave up to a maximum of KRW 1 million/month. The amended childcare leave law increases the amount of compensation for the first three months of leave to 80% of the regular salary up to KRW 1.5 million/per month (Article 95(1) Korea Labor Standards Act). Additionally, the law, in many cases, extends childcare leave benefits to fixed-term workers (Article 95(4) Korea Labor Standards Act). The law should be fully enacted by September of 2018.
Article 60(6)(3 of the Korean Labor Standards Act, additionally, mandates that the childcare leave period shall be considered as days worked for calculating annual leave. Thus, upon return from childcare leave, the employee, is entitled to annual leave based on time the employee was on childcare leave.
Please check back often, we are posting numerous updates on Korean Employment & Labor Law over the next couple of weeks.
For an interesting article on fertility please see: https://www.invitra.com/en/infertility-and-sterility/. The photo is from the article and is reproduced with permission of the site.
- Infertility/Subfertility & Childcare Leave Law in Korea
- Must I grant Male Employees Maternity/Paternity Leave in Korea?: Korean Labor/Employment Law Updates
- Termination after Childcare Leave in Korea: Childcare Leave Law in Korea
- 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
- What Do You Need To Know About Severance Pay in South Korea?
- Terminate/Layoff an Employee in Korea: Terminating an Employee in Korea
- Korean Workplace Discrimination Laws
- The Status of Non-Registered Company Directors in Korea as an Employee under Korean Law
- What Constitutes an “Employee” under Korean Law?