Labor Law Q&A details

Chapter 8 Women and The Aged

What leave rights does the law grant for pregnant employees / giving birth? How long is maternity leave?

Article 74(1) (Protection of Pregnant Women and Nursing Mothers), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

For a worker who are pregnant or delivered a baby, 90 days(120 days in case of twins) of maternity leave is provided before and after the childbirth.


*Labor Standards Act

Article 74 (Protection of Pregnant Women and Nursing Mothers)(1) An employer shall grant a pregnant woman a totoal of a 90-day maternity leave (120-day maternity leave, if she is pregnant with at least two children at a time) before and after childbirth. In such cases, at least 45 days (60 days, if she is pregnant with two or more children at a time) of the leave period after childbirth shall be allowed.

(2) Where a pregnant female worker requests the leave under paragraph (1) due to her experience of miscarriage or other reasons prescribed by Presidential Decree, an employer shall allow her to use the leave at multiple times any time before her childbirth. In such cases, the period of leave after the childbirth shall be at least 45 days (60 days, if she is pregnant with at least two children at a time) consecutively.

(3) Where a pregnant woman has a miscarriage or stillbirth, an employer shall, upon the relevant worker's request, grant her a miscarriage/stillbirth leave, as prescribed by Presidential Decree: Provided, That the same shall not apply to any abortion carried out by artificial termination of pregnancy (excluding cases under Article 14 (1) of the Mother and Child Health Act).

(4) The first 60 days (75 days, if she is pregnant with at least two children at a time) in the period of leave under paragraphs (1) through (3) shall be stipendiary: Provided, That when the leave allowances before and after childbirth, etc. have been paid under Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, the payment responsibility shall be exempted within the limit of the relevant amount.

(5) No employer shall order a female worker in pregnancy to engage in overtime work, and, even if there exists a request from the relevant worker, he/she shall transfer her to an easy type of work.

(6) A business owner shall reinstate her to the same work or to the work for which wages of the same level as before leave are paid after the end of a maternity leave under paragraph (1).

(7) Where a female worker who has been pregnant for not more than 12 weeks or for not less than 36 weeks requests the reduction of her work hours by two hours a day, the employer shall permit it: Provided, That he/she may permit to reduce her work hours to six hours if her work hours are shorter than eight hours a day.

(8) No employer shall reduce a worker's wages for reason of reduction of work hours under paragraph (7).

(9) Matters necessary for the methods, procedures, etc. for requesting reduction of work hours under paragraph (7) shall be prescribed by Presidential Decree.

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1. A business or workplace in which not less than 300 workers are ordinarily employed: Six months after the enforcement date of this Act;

2. A business or workplace in which less than 300 workers are ordinarily employed: Two years after the enforcement date of this Act.

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

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