Labor Law Q&A details

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

Paternity Leave

A few days ago, one of our employees requested leave on the grounds of his spouse giving birth. I told him our company does not have any special leave because we are small. However, the employee answered such leave, in this case paternity leave, is statutory in accordance with labor law.
What is paternity leave, and do we have to pay a wage during that time?

If a male worker requests leave on the grounds of his spouse giving birth, the company shall grant him leave of ten days. Anyone who needs paternity leave can ask for it regardless of the type of employment (part-time, dispatch [worker employed by one company but sent to another]) or company size, even if the company employs only one person.
A male employee can request paternity leave within 90 days after the date of delivery. Paternity leave can also be divided into two separate periods if desired. Only working days, not weekends or holidays, are counted. Since paternity leave is statutory, the company shall grant it if a worker applies for it. In addition, even if the worker claims only five of the 10 days, the company must grant 10 days. The company will be fined up to KRW 5 million if the full 10 days are not granted or it does not allow the employee to take paternity leave.
During the paternity leave, the employee shall be paid 100% of his ordinary wage. However, for small and medium-sized enterprises (SMEs), as defined in the Employment Insurance Act, paternity leave for those whose employment insurance period is at least 180 days, employment insurance will cover up to a certain amount of those wages for the first five of the 10 days.
Employment insurance covers up to KRW 382,770 in wages paid for paternity leave (2022). If the five days of ordinary wage is higher than the maximum employment insurance coverage, the employer pays the rest.

For example,
If monthly ordinary wages are KRW 2.5 million: KRW 478,469 [(KRW 2.5 million ÷ 209 hours) × 8 hours × 5 days]
The maximum employment insurance coverage is KRW 382,770, so an employer would be responsible for paying KRW 95,699 (KRW 478,469– KRW 382,770).

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

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