Global Compliance – South Korea
South Korea: Upcoming Amendments to Labour Law
Effective February 23, 2025, amendments to the Gender Equal Employment and Work-Family Balance Assistance Act and the Labor Standards Act will introduce significant changes to South Korea’s labour framework. These amendments seek to enhance employee protections, particularly in relation to paternity leave, childcare leave, infertility treatment leave, and pregnancy-related accommodations.
The amendments are as follows:
Paternity Leave
Currently, the employee is entitled to 10 working days of paid paternity leave. This leave may be requested within 90 days following the birth of a child and can be taken in up to two separate periods.
Effective February 23, 2025, the entitlement will increase to 20 working days of paid paternity leave. The period within which employees may utilize this leave will be extended to 120 days after the birth of a child, and the employee will be able to divide leave up to three separate periods.
Maternity Leave for Premature Births
Currently an employee is entitled to 90 days of maternity leave in the case of premature birth.
Effective February 23, 2025, the entitlement will increase to 100 days if the premature baby is born and requires admission to a neonatal intensive care unit (NICU).
Miscarriage or Stillbirth
Currently, an employee who has a miscarriage or stillbirth within 11 weeks of pregnancy is entitled to 5 working days of leave from the date of miscarriage or stillbirth.
Effective February 23, 2025, the entitlement will increase to 10 working days if an employee has a miscarriage or stillbirth within 15 weeks of pregnancy.
This amendment applies only to miscarriages or stillbirths occurring after February 23, 2025.
Infertility Treatment Leave
Currently, employees undergoing fertility treatments, including artificial insemination and in vitro fertilization, are entitled to 3 working days of leave per year. Of these, one day is paid, while the remaining two days are unpaid.
Effective February 23, 2025, employees undergoing infertility treatment will be entitled to 6 working days of leave per year, of which two days will be paid.
Childcare Leave
Currently, employees are entitled to one year of unpaid childcare leave, which must be taken as a continuous period.
Effective February 23, 2025, the maximum duration of unpaid childcare leave will be extended to 1.5 years if both parents take leave for more than three months, or in cases involving single parents or parents of severely disabled children.
Additionally, employees will have the flexibility to divide childcare leave up to three separate periods, rather than being required to take it as a single continuous block.
Reduced Working Hours for Childcare
Currently, employees with children under the age of 8 or in the 2nd grade of elementary school are eligible to apply for reduced working hours for childcare.
Effective February 23, 2025, the eligibility criteria will be expanded to include employees with children up to 12 years old or in the 6th grade to apply for reduced working hours for childcare.
Additionally, employees will be entitled to convert any unused childcare leave into a corresponding reduction in working hours over a defined period. The implementation of this provision must align with applicable labour laws, including regulations on working time, employee rights, and non-discrimination. Employers should establish clear policies to ensure transparency, fairness, and consistent application of this entitlement.
Shortened Working Hours During Pregnancy
Currently, pregnant employees can request a reduction of up to two hours per day if they are within the first 12 weeks and after the 36th week of pregnancy.
Effective February 23, 2025, the eligibility period for shortened working hours will begin within the first 12 weeks and after the 32nd week of pregnancy instead of the previous 36-week threshold, allowing employees to reduce their workload earlier in late-stage pregnancy.
Additionally, employees with high-risk pregnancies, such as those experiencing multiple pregnancies or a history of premature labour, will be permitted to request shortened working hours throughout the entire pregnancy. A medical certification will be required to ensure appropriate workplace accommodations for those facing potential health risks.
Take away- Employers must take proactive steps to comply with the amendment and must review and revise their policies at the earliest in order to align with the upcoming changes to the existing statutory requirements.
