A Worker who is about 5 months pregnant is going to get a medical examination and requested a separate vacation. Can she just use her annual leave? Should I grant her extra leave days?

According to the Labor Standards Act, if a pregnant worker claims time necessary for a periodical medical examination of pregnant women, an employer must grant permission for such time. Also, the employer cannot cut wages of such worker by reason of time for medical examination. That is, it is not necessary to give a separate vacation, but it is necessary to guarantee the time required for a medical examination.



A. Up to 28 weeks of pregnancy: once every four weeks
B. From 29 to 36 weeks of pregnancy: once every two weeks
C. After 37 weeks of pregnancy: once every week
D. If the pregnant woman is a disabled person under the 「Act on Welfare of Persons with Disabilities」, or if the pregnant woman is over 35 years old, have multiple births, or if a doctor diagnosed the pregnant woman as high-risk pregnancy, then a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu can carry out periodical medical examinations beyond the number of examinations according to section A to section B.

Also, if a female worker who has been pregnant for not more than 12 weeks or for not less than 36 weeks requests the reduction of her work hours by 6 hours a day (two hours a day), the employer must permit it without wage cuts.

Since the Act on Equal Employment and Support for Work-Family Reconciliation has been revised, employers now need to grant up to 3 subfertility leave days to an employee to receive treatment for subfertility such as artificial insemination or external fertilization (the first day is paid).
However, the date(s) for the subfertility leave can be changed with agreement from the employee, if the extent of interruption is so severe that the company would not be able to run normally. The employer shall be fined up to 5 million won if subfertility leave are not granted.