My wife has been suffering from ill health. Although she’s recently been discharged from the hospital, she is still experiencing some inconveniences in daily life because she is not yet fully recovered. According to the doctor, she needs to rest for about 2 months, but there is no one to care for her and I have difficulty because of my work. In this situation, is there something in Korean labor law that allows me some time off to care for her?
Article 22-2 of the Equal Employment Act stipulates that where any worker applies for a temporary leave in order to take care of his/her parent(s), spouse, children, or the parent(s) of his/her spouse on grounds of their being sick, injured, or senile (known as “family care leave”), the employer shall grant it. The maximum period of family care leave shall be 90 days a year, which may be used over several occasions if the applicable worker so desires. In such cases, the period taken for each occasion shall be at least 30 days. No employer shall dismiss the relevant worker, deteriorate his/her working conditions, or take any other disadvantageous measures against him/her on grounds of the family care leave. The period of family care leave shall also be included in the period of continuous service.
To apply for family care leave, a worker shall submit to his/her employer, 30 days prior to the intended start date of the family care leave: a document (including electronic documents) stating the names and dates of birth of the family member(s) whom he/she will care for during the period; the reason(s) for care; the application date, scheduled commencement date and scheduled end date of the family care leave; and particulars of the applicant. The employer may request the worker who has applied for family care leave to submit a document substantiating the necessity of the leave, such as details on the illness and needs of the family member in need of care and why it is impossible for another family member, etc., besides the applicant to provide care.
However, employers may reject requests for family care leave in any of following cases:
1. Where an application is filed by a worker whose continuous work period in the relevant business until the scheduled commencement date of the family care leave does not exceed one year;
2. Where any parent, son or daughter, or spouse of the family member needing care is able to take care of the family member instead of the applicant;
3. Where an employer fails to employ a substitute worker in spite of his/her endeavor for at least 14 days to employ a substitute worker after filing an application for a worker with an employment security office: Provided, that this shall not apply where he/she has rejected employment on at least two occasions without justifiable reason despite personnel recommendations by the head of an employment security office;
4. Where the worker’s family care leave will substantially impede normal business operations, which shall be verified by his/her employer.
If the employer does not grant family care leave, he/she shall notify the relevant worker of the reason(s) in writing and endeavor to take any of the following measures:
1. Adjusting the applicant’s start and finish times for work;
2. Permit the applicant to refuse any overtime;
3. Adjust the applicant’s working hours, such as by reducing them or granting greater flexibility with the working hours;
4. Take other supportive measures appropriate to the workplace conditions.
Starting from January 1, 2022, 10 of those 90 days a year can be used as separate days for “Short-term Family Care Leave.” Due to the greater flexibility afforded for family care leave, it can soon be used for short-term family care or to attend school events. In addition, the scope of persons whose care can be included has expanded to include grandparents and grandchildren, in addition to parents, parents-in-law, spouses, and children.