Korea


Amended paternity leave

Impact date: 23 February 2025 Previously, following a spouse’s childbirth, employers had to grant ten paid days as paternity leave upon an eligible employee’s request. Effective since 23 February 2025, employers must now grant 20 days of paid leave upon the employee’s spouse’s childbirth.

Employer implications/action needed Employers should ensure that they are familiar with the legislative change, updating the Rules of Employment where necessary to reflect the change.

Employer risk N/A

Link N/A

Amended childcare leave

Impact date: 23 February 2025 Previously, employers had to grant employees unpaid childcare leave of up to one year. Effective since 23 February 2025, employers must now grant employees unpaid childcare leave of up to one year and up to an additional six months in the following cases:

  • Both parents participating: if the father and mother have each taken leave of at least three months for the same child
  • Single parents: the father or mother as defined in Article 4, Paragraph 1, of the Single-Parent Family Support Act
  • Parents of children with disabilities: the father or mother of a child with a disability as prescribed by the Ministry of Employment and Labor Ordinance

Employer implications/action needed Employers should ensure that they are familiar with the legislative change, updating the Rules of Employment where necessary to reflect the change.

Employer risk N/A

Link N/A

Amended childcare workhour reduction

Impact date: 23 February 2025 Previously, employers had to grant a working hours reduction to employees with a child eight years or younger or in second grade or below, for up to one year. Any unused portion of the one year of childcare leave could be converted into additional reduced hours.

Effective since 23 February 2025, employers must now grant a working hours reduction to employees with a child 12 years or younger or in sixth grade or below, again for up to one year. In addition, employees may use additional reduced working hours of up to two times any unused portion of the one year of childcare leave. For example, if 6 months of childcare leave remained unused, the employee may take up to 12 months of additional reduced working hours. If the total leave entitlement was 1.5 years (in special cases), the same 2x rule applies.

Employer implications/action needed Employers should ensure that they are familiar with the legislative change, updating the Rules of Employment where necessary to reflect the change.

Employer risk N/A

Link N/A

Amended fertility leave

Impact date: 23 February 2025 Previously, employers had to provide fertility treatment leave of three days per year for employees who wish to receive a medical fertility treatment, such as artificial insemination and in vitro fertilization. The first day of the three days of fertility treatment leave was paid leave. Effective since 23 February 2025, employers must now provide fertility treatment leave of six days per year. The first two of the six days of fertility treatment leave shall be paid leave.

Employer implications/action needed Employers should ensure that they are familiar with the legislative change, updating the Rules of Employment where necessary to reflect the change.

Employer risk N/A

Link N/A

Amended maternity leave

Impact date: 23 February 2025 Previously, employers had to grant a pregnant employee maternity leave totaling 90 days (or 120 days in the case of multiple pregnancies) before and after childbirth. In this case, at least 45 days (or 60 days in the case of multiple pregnancies) of the leave must be allocated after childbirth.

Effective since 23 February 2025, it continues to be the case that employers must grant a pregnant employee maternity leave totaling 90 days. However, this is now 100 days in the case of a premature birth (and remains 120 days in the case of multiple pregnancies) before and after childbirth. It remains the case that at least 45 days (or 60 days in the case of multiple pregnancies) of this leave must be allocated after childbirth. The scope of what constitutes a premature birth, the procedures for granting leave, and other necessary details shall be determined by a forthcoming Ministry of Employment and Labor’s ordinance.

Employer implications/action needed Employers should ensure that they are familiar with the legislative change, updating the Rules of Employment where necessary to reflect the change.

Employer risk N/A

Link N/A

Greater protection for workhour reduction during pregnancy

Impact date: 23 February 2025 Previously, employers were required to permit a pregnant employee who was within the first 12 weeks or after the 36th week of pregnancy to apply for a two-hour reduction in daily working hours (for employees whose regular daily working hours are less than eight hours, the daily working hours were reduced to six hours).

Effective since 23 February 2025, employers must now permit a female employee who is within the first 12 weeks or after the 32nd week of pregnancy to apply for a two-hour reduction in daily working hours. In the case of a pregnant employee at risk of miscarriage or premature birth, as prescribed by the Ministry of Employment and Labor, this right applies throughout the entire pregnancy.

Employer implications/action needed Employers should ensure that they are familiar with the legislative change, updating the Rules of Employment where necessary to reflect the change.

Employer risk N/A

Link N/A

Back to top ↑

Contact

William Kim Senior Foreign Attorney


E: william.kim@leeko.com T: +82 2 772 5944

View bio →
eversheds sutherland logo white

© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.