This post will outline the key points of South Korean labor laws concerning menstrual leave, maternity leave, and relevant rights. The provided information aims to assist CEOs and HR managers in understanding these regulations better, ensuring an equitable and supportive workplace for their employees.
Menstrual Leave
- As per Article 73 of the Labor Standards Act, employers are obligated to provide one day of menstrual leave per month if requested by a female employee.
Maternity Leave
- According to Article 74 of the Labor Standards Act, pregnant employees are entitled to a total of 90 days of maternity leave, split before and after childbirth. This period is extended to 120 days for multiple pregnancies.
- At least 45 days (60 days in the case of multiple births) must be allocated for the postnatal period.
Additional Leave Provisions
- Pregnant employees may divide their maternity leave if they experience a miscarriage or meet certain conditions set out in presidential decree as shown below.
- The post-childbirth leave must still be at least 45 days (60 days for multiple births) and continuous.
Miscarriage or Stillbirth Leave
- If a pregnant employee experiences a miscarriage or stillbirth, she can apply for leave in line with the criteria laid out in Article 43 of the Enforcement Decree of the Labor Standards Act.
- The duration of this leave depends on the length of the pregnancy at the time of the miscarriage or stillbirth:
- Up to 11 weeks: 5 days
- 12 to 15 weeks: 10 days
- 16 to 21 weeks: 30 days
- 22 to 27 weeks: 60 days
- 28 weeks and over: 90 days
Compensation During Leave
- The first 60 days (75 days for multiple pregnancies) of leave granted under the above provisions are paid. However, if maternity leave benefits are provided under the “Act on Equal Employment and Support for Work-Family Reconciliation,” the employer’s responsibility to pay is limited to the balance between the benefits and the employee’s wage.
Protecting Pregnant Workers
- Employers cannot assign overtime to pregnant employees. If requested, the employer must transfer the pregnant worker to less strenuous tasks.
- After maternity leave, an employee must be allowed to return to the same or equivalent position, with equal pay.
Working Hours Adjustment
- Pregnant employees within 12 weeks of conception or beyond 36 weeks of gestation can apply for a reduction of 2 hours in their daily working hours.
- For workers whose daily working hours are less than 8 hours, their hours can be reduced to 6 hours.
- Employers cannot reduce the wages of an employee who has requested a reduction in working hours.
- Pregnant employees can apply to maintain their daily working hours while changing their start and end times.
Regular Health Check-ups
- Pregnant employees are allowed time off for regular health check-ups as mandated by the Maternal and Child Health Act.
- The wage of an employee cannot be reduced due to time taken off for these health check-ups.
Nursing Time
- Female employees with a child under 1 year of age are entitled to two paid nursing breaks of at least 30 minutes each day, if requested.
