Article 18 (Support for Maternity Leave)

(1) The State may pay an amount of money equivalent to the ordinary wages for the period of the relevant leave (hereinafter referred to as "maternity leave benefits, etc.") to persons meeting specific requirements among employees who have taken paternity leave under Article 18-2, or maternity leave or miscarriage and stillbirth leave under Article 74 of the Labor Standards Act.

(2) Maternity leave benefits, etc. paid under paragraph (1) shall be deemed paid by an employer within the limit of the amount of such benefits, etc. under Article 18-2 (1) or Article 74 (4) of the Labor Standards Act.

(3) Expenses incurred in paying maternity leave benefits, etc. may be borne by State finances or the social insurance under the Framework Act on Social Security.

(4) Where an employee intends to obtain maternity leave benefits, etc., an employer shall provide her with full cooperation in all procedures, such as preparation or verification of the relevant documents.

(5) Matters necessary for the requirements, period and procedures for payment of maternity leave benefits, etc. and other matters shall be prescribed by a separate statute.

[This Article Wholly Amended by Act No. 8781, Dec. 21, 2007]

Article 18-2 (Paternity Leave)

(1) Where an employee requests leave on grounds of his spouse's childbirth (hereinafter referred to as “paternity leave”), the employer shall grant leave for 10 days. In such cases, he shall be paid for the period of leave used.

(2) Notwithstanding the latter part of paragraph (1), where maternity leave benefits, etc. have been paid, the responsibility for payment shall be exempted within the limit of the relevant amount.

(3) No paternity leave may be requested after 90 days have elapsed from the date the spouse of the relevant employee gave birth.

(4) Paternity leave may be used over several occasions, limited to only once.

(5) No employer shall dismiss, or take any disadvantageous measures against, an employee on grounds of paternity leave.

[This Article Newly Inserted by Act No. 8781, Dec. 21, 2007]

Article 18-3 (Leave of Absence for Subfertility Treatment)

(1) Where an employee applies for a leave of absence to receive subfertility treatment (hereinafter referred to as "leave of absence for subfertility treatment") such as artificial insemination or in vitro fertilization, an employer shall grant a leave of absence to the employee for a period not exceeding three days a year, and in such cases, the first one day shall be a paid leave of absence: Provided, That where granting a leave of absence for a period as requested by the employee significantly impedes the operation of normal business, the employer may change the period in consultation with the employee.

(2) No employer shall give disadvantageous treatment such as dismissal or disciplinary punishment on the grounds that an employee takes a leave of absence for subfertility treatment.

(3) Methods, procedures, etc. for applying for a leave of absence for subfertility treatment shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 15109, Nov. 28, 2017]

Enforcement Ordinance