Parental Leave Now Available as Short as 1–2 Weeks... Paternity Leave Possible Before Childbirth

Cabinet Approves Amendments to the Enforcement Decree of the Gender Equality in Employment and Work-Life Balance Act

Going forward, employees will be able to divide their parental leave into short periods of one or two weeks. In addition, it will become possible for an employee to take leave even before their spouse gives birth.

The Ministry of Employment and Labor announced on August 11 that amendments to the Enforcement Decrees of the ‘Act on Gender Equality in Employment’ and the ‘Employment Insurance Act’, which include these provisions, were deliberated and approved at the Cabinet meeting held the same day. This revision is a follow-up measure to specify the related laws that were enacted in March.

Yonhap News Agency

Short-term Parental Leave of 1–2 Weeks Available from the 20th... Addressing ‘Gaps in Childcare’

With the amendments, a new ‘short-term parental leave’ system will be introduced on August 20, allowing employees to take such leave for one to two weeks once per year. This policy is intended to help employees with children aged under eight or in second grade or below in elementary school to flexibly use their leave in situations where there is a temporary gap in childcare, such as during school breaks, kindergarten or school closures, or when a child is sick.

The period taken under short-term parental leave will be deducted from the employee’s overall parental leave entitlement (maximum of 18 months), but will not count toward the limit for splitting leave, which is up to three times under current law. The application timing depends on the reason for leave. For summer or winter vacation, applications must be made at least 30 days in advance of the intended start date. In contrast, for emergency reasons such as closures of kindergartens or schools, children’s sickness or accidents, or school attendance bans due to infectious diseases, employees can apply up to the day the leave starts. The leave must always be taken in units of one week (7 days) or two weeks (14 days), and it cannot be taken for fewer than seven days.

Spousal Childbirth Leave Can Be Taken from 50 Days Before the Due Date

Starting September 18, ‘spousal childbirth leave’ may be used as early as 50 days before the spouse’s expected delivery date. Previously, this leave was only available after childbirth, but the allowable period has now been significantly expanded.

If an employee applies for leave by submitting a document stating the expected delivery date and the period of leave, the employer must grant 20 days of leave within the period from 50 days before to 120 days after the expected delivery date.

If there is a risk of miscarriage or premature birth for the spouse, male employees may also take parental leave before the child’s birth, provided they apply at least seven days in advance of the leave. Additionally, if the spouse experiences a miscarriage or stillbirth, a new leave of up to five days (the first three days paid leave) will be provided. For employees at companies eligible for government support, the government will cover the pay for the first three days of paid leave.

Employers Cannot Refuse Reduced Working Hours During Childcare Solely Due to Lack of Substitute Staff

The justifiable reasons employers can cite for rejecting applications to reduce working hours during the childcare period will be significantly reduced. Previously, employers could refuse such requests if the employee had less than six months’ service, if the work was of a nature that made divided hours difficult, or if it was impossible to hire substitute staff. Now, the ‘impossibility of hiring substitute staff’ provision will be eliminated. As a result, employers will no longer be able to refuse an application to reduce working hours solely on the grounds that they could not secure substitute staff.

This content was produced with the assistance of AI translation services.