Labor Law Q&A details

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

Time Necessary for Periodic Medical Examination for Pregnant Women and Sub-fertility Treatment Leave

A worker who is about 5 months pregnant is going to have a medical examination and requested a separate vacation. Can she use her reduced working annual leave? Should we grant her extra leave days?
According to the Labor Standards Act, if a pregnant worker claims time necessary for a periodic medical examination for pregnant women, the employer must grant permission for such time. The employer is prohibited from cutting the wages of such a worker for the time needed for the medical examination. It is not necessary to give separate vacation days, but it is necessary to guarantee the time required for medical examination.

Criteria for periodic medical examination for pregnant women (Enforcement Decree of the Mother and Child Health Act, Table 1)
(1) Up to 28 weeks of pregnancy: once every four weeks
(2) From 29 to 36 weeks of pregnancy: once every two weeks
(3) After 37 weeks of pregnancy: once every week
(4) 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, expects multiple births, or if a doctor has diagnosed the pregnant woman as having a 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 authorize periodic medical examinations beyond the number of examinations according to section A to section B.
Also, if a female worker who has been pregnant for less than 12 weeks or who is pregnant for more than 36 weeks requests that her work hours be reduced to 6 hours a day (two hours less a day), the employer must permit it without wage cuts.
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 KRW 5 million if subfertility leave is not granted.
An employee wanting to take subfertility leave needs to submit a document, upon company request, which contains the dates of the treatment.

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

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