Article 60(5) (Annual Paid Leave), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

No. An employee can use his/her annual leave freely. An employer can ask an employee to change the date or period of annual leaves only when it greatly affects the business operation.


*Labor Standards Act

Article 60 (Annual Paid Leave)(1) Every employer shall grant any worker who has worked not less than 80 percent of one year a paid leave of 15 days.

(2) Every employer shall grant any worker who has continuously worked for less than one year or who has worked less than 80 percentage of one year one paid-leave day for each month during which he/she has continuously worked.

(3) Where an employer grants any worker a paid leave for the latter's first year of work, the former shall grant the latter a paid leave of 15 days, including the paid-leave referred to in paragraph (2), and, if the latter has already taken the paid-leave provided for in paragraph (2), shall deduct the number of days of such paid-leave from the said 15 days.

(4) Every employer shall grant any worker who has continuously worked for not less than three years the paid-leave days that are calculated by adding one day for every two continuously working years not including the first one year to the 15 paid-leave days referred to in paragraph (1). In this case, the total number of paid-leave days, including the additional paid-leave days, shall not exceed 25 days.

(5) Every employer shall grant the paid leave referred to in paragraphs (1) through (4) at the time when a worker files a claim therefor, and pay the worker an ordinary wage or an average wage during the period of paid leave as prescribed by the rules of employment, etc.: Provided, That in the event that granting the worker a paid leave at the time when such worker wants to take the paid leave greatly impedes the business operation, the relevant employer may change the time of the paid leave.

(6) In applying paragraphs (1) through (3), any of the following periods shall be deemed the period of attendance at work:

1. Period during which a worker takes time off due to any injury or sickness arising out of duty;

2. Period during which a woman in pregnancy takes time off due to the leave under the provisions of Article 74 (1) through (3).

(7) The paid leave referred to in paragraphs (1) through (4) shall, if it is not taken for one year, be terminated by time limitation: Provided, That the same shall not apply where the paid leave is not taken for reasons attributable to the employer.