Infertility/Subfertility & Childcare Leave Law in Korea

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.  Subfertility Law Korea

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.

Sean Hayes

Known for his proactive street-smart advice & non-conflicted advocacy, NY Attorney Sean Hayes works with leading retired Korean judges, prosecutors and experienced Korean attorneys in leading contentious and transactional matters in Asia. First non-Korean lawyer employed by the Korean Court System. SeanHayes@ipglegal.com

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