This post covers five important points on childcare leave based on the Equal Employment Act of Korea that governs the leave.
1.Who can request childcare leave?
An employee, male or female, who has a child aged not more than 8 years or a child in the 2nd or lower grade of an elementary school. Not only regular workers but also fixed-term workers and dispatched (leased) workers can request childcare leave. For fixed-term and dispatched workers, the term (duration) of their childcare leave is not included in the calculation of the employment period.
2. Who is not eligible for childcare leave?
– An employee whose consecutive period of service will be less than 1 year on the day prior to the day on which the childcare leave is supposed to begin.
– An employee whose spouse is on a childcare leave for the same child.
3. What is the maximum period of childcare leave?
Childcare leave can last up to 1 year.
4. Should an employer pay salary to an employee during his/her childcare leave?
An employer does not have a legal obligation to pay employees during their childcare leave unless company rules state otherwise. Employee themselves should request childcare leave benefits at the employment centers under the Ministry of Labor. The benefits are 40% of monthly ordinary wages.
5. What are other steps that an employer should ensure with regard to childcare leave?
The employer should reinstate an employee after childcare leave to his/her previous position or other position with the same level of salary. The employer should include the period of childcare leave in the period of service to calculate retirement pay, promotion and annual leave. Also, the employer should not dismiss or give disadvantageous treatment to workers because of childcare leave. An employer cannot dismiss workers during their childcare leave.
