Article 74(4) (Protection of Pregnant Women and Nursing Mothers), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

The first 60 days (75 days in case of twins) are paid by employer. And the rest 30 days are paid by the employment insurance with maximum of 4.5 million won and a minimum of minimum wages. However, mid-small sized companies get subsidies from employment insurance during the whole period. Even so, the company should pay the gap between the maximum subsided amount and the actual wage during the first 60 days.


*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.

Equal Employment Opportunity and Work-Family Balance Assistance Act

Article 18 (Support for Maternity Leave) (1) The State may pay an amount of money equivalent to the ordinary wages for the period of the relevant leave (hereinafter referred to as "maternity leave benefits, etc.") to persons meeting specific requirements among workers who have taken maternity leave or miscarriage and stillbirth leave under Article 74 of the Labor Standards Act.

(2) Maternity leave benefits, etc. paid under paragraph (1) shall be deemed paid by an employer within the limit of the amount of such benefits, etc. under Article 74 (4) of the Labor Standards Act.

(3) Expenses incurred in paying maternity leave benefits, etc. may be borne by State finances or the social insurance under the Framework Act on Social Security.

(4) Where a female worker intends to obtain maternity leave benefits, etc., an employer shall provide her with full cooperation in all procedures, such as preparation or verification of the relevant documents.

(5) Matters necessary for the requirements, period and procedures for payment of maternity leave benefits, etc. and other matters shall be prescribed by a separate Act.

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

Employment Insurance Act

Article 75 (Maternity Leave Benefits, etc.)

The Minister of Employment and Labor shall, pursuant to Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, pay maternity leave benefits, etc. (hereinafter referred to as "maternity leave benefits, etc.") to an insured worker who has been granted maternity leave or miscarriage or stillbirth leave prescribed in Article 74 of the Labor Standards Act if the insured worker meets all the following requirements:

1. The insured worker's qualifying days in covered employment prescribed in Article 41 as of the end date of such leave shall be at least 180 days;

2. The insured worker shall apply for maternity leave benefits, etc. between one month after the beginning date of such leave [where a corporation does not satisfy criteria prescribed by Presidential Decree, such as requirements for the number of employees, prescribed in Article 19 (2), the date on which 60 days (75 days for a woman pregnant with at least two babies at the same time) lapse after the actual beginning date of the leave shall be deemed the beginning date of such leave] and 12 months after the end date of such leave: Provided, That those who fail to apply for maternity leave benefits, etc. during that period for any of the reasons prescribed by Presidential Decree shall file an application within 30 days after the cause has ceased to exist.