Article 75 (Nursing Hours), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014
Article 18-2 (Paternity Leave), Equal Employment Opportunity and Work-Family Balance Assistance Act, as last amended by Act No. 13932, Jan. 28, 2016
Article 19 (Childcare Leave), Equal Employment Opportunity and Work-Family Balance Assistance Act, as last amended by Act No. 13932, Jan. 28, 2016
Article 22-2 (Support for Family Care, etc. of Workers), Equal Employment Opportunity and Work-Family Balance Assistance Act, as last amended by Act No. 13932, Jan. 28, 2016

An employer shall grant thirty-minute or longer paid nursing time twice a day to those female workers who have infants under the age of one, upon request.

A male worker can have at least 3 day of paternity leave on his spouse’s childbirth up to 5 days and the first 3 days are paid.

An employer shall permit an employee who has a child younger than 8 years old or in the second grade of elementary school a childcare leave up to 1 year.

An employer should allow a family care leave when any worker applies for a family care leave in order to take care of his/her family including parents, spouse, sons and daughters, or parents of his/her spouse on grounds of their disease, accident, or senility. This period is unpaid.


*Labor Standards Act

Article 75 (Nursing Hours)

An employer shall grant thirty-minute or longer paid nursing time twice a day to those female workers who have infants under the age of one, upon request.

Equal Employment Opportunity and Work-Family Balance Assistance Act

Article 18-2 (Paternity Leave) (1) Where a male worker requests leave on grounds of his spouse's childbirth, the employer shall grant leave for at least three up to five days. In such cases, he shall be paid for the first three days out of the period of leave used.

(2) No leave provided for in paragraph (1) may be requested after the lapse of 30 days from the date the spouse of the relevant worker gave birth.

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

Article 19 (Childcare Leave) (1) Where a worker parenting his/her children (including adopted children) younger than eight years old or in the second grade of elementary school applies for temporary retirement (hereinafter referred to as "childcare leave"), the employer shall grant permission therefor: Provided, That the same shall not apply to cases prescribed by Presidential Decree.

(2) The period of childcare leave shall not exceed one year.

(3) No employer shall dismiss, or take any other disadvantageous measure against, a worker on account of childcare leave, or dismiss the relevant worker during the period of childcare leave: Provided, That this shall not apply where the employer is unable to continue his/her business.

(4) After a worker completes childcare leave, the employer shall reinstate the relevant worker in the same work as before the leave, or any other work paying the same level of wages. The period of childcare leave under paragraph (2) shall be included in his/her continuous employment period.

(5) The period of childcare leave of fixed-term workers or temporary agency workers shall not be included in the employment period prescribed in Article 4 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers or in the period of temporary employment prescribed in Article 6 of the Act on the Protection, etc. of Temporary Agency Workers.

(6) Matters necessary for methods and procedures for application for childcare leave and other matters shall be prescribed by Presidential Decree.

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

Article 22-2 (Support for Family Care, etc. of Workers) (1) Where any worker applies for a temporary retirement in order to take care of his/her parents, spouse, sons and daughters, or parents of his/her spouse (hereinafter referred to as "family") on grounds of their disease, accident, or senility (hereinafter referred to as "temporary retirement for family care"), the employer shall grant it: Provided, That this shall not apply to cases prescribed by Presidential Decree, such as where it is impossible to employ his/her substitute or where the normal operation of business is significantly hindered.

(2) Where the employer does not grant temporary retirement for family care under the proviso to paragraph (1), he/she shall notify the relevant worker of the ground in writing and endeavor to take any of the following measures:

1. Adjusting time to start and finish work;

2. Restricting overtime work;

3. Adjusting working hours, such as reduction or flexible operation, etc. of working hours;

4. Other supportive measures appropriate for workplace conditions.

(3) The maximum period of temporary retirement for family care shall be 90 days a year, and the relevant worker may use it over several occasions. In such cases, the period taken for one occasion shall be at least 30 days.

(4) No employer shall dismiss the relevant worker, deteriorate his/her working conditions, or take any other disadvantageous measures against him/her on grounds of temporary retirement for family care.

(5) The period of temporary retirement for family care shall be included in the period of continuous service: Provided, That it shall be excluded from the period for calculating average wages defined in Article 2 (1) 6 of the Labor Standards Act.

(6) Employers shall endeavor to provide necessary psychological counseling services to assist his/her workers in maintaining a sound workplace and family life.

(7) The Minister of Employment and Labor may provide necessary support, in consideration of effects, etc. on employment, where the employer takes measures under paragraph (1).

(8) Matters necessary for the method and procedure for applying for temporary retirement for family care and other matters shall be prescribed by Presidential Decree

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