Labor Law Q&A details

Chapter 3 Working hours, Recess, Off-Days and Leave

Is the employer obliged to accept a request for unpaid leave? If yes, in which cases and under which conditions?

Article 10 (Guarantee of Exercise of Civil Rights), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

Generally an employer is not obliged to accept a request for unpaid leave.
However, an employer cannot reject a request of an employee to exercise his/her right of citizenship, for example, for voting or running an election etc.

Article 73 (Monthly Menstrual Leave), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

In addition, when a female worker requests a menstrual leave, an employer shall grant her one day of menstrual leave per month.


*Labor Standards Act

Article 3 (Standards of Terms and Conditions of Employment)

The terms and conditions of employment prescribed by this Act shall be the minimum standards for employment, and the parties to labor relations shall not lower the terms and conditions of employment under the pretext of compliance with this Act.

Article 73 (Monthly Menstrual Leave)

Every employer shall, when any female worker files a claim for a menstrual leave, grant her one day of menstrual leave per month.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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