Salary during maternity leave
Payment for maternity leave
The first 60 days (75 days if she is pregnant with twins or more children) of a period of leave shall be stipendiary. (Main text of Article 74(4), 「Labor Standards Act」)
Provided, however, that when the leave allowances before and after childbirth etc. have been paid, the employer shall be exempted from the payment obligation within the limit of the relevant amount. (Article 18, 「Equal Employment Opportunities and Work-Family Balance Assistance Act」 and Proviso to Article 74(4), 「Labor Standards Act」)
An employer who violates the foregoing shall be liable to imprisonment with labor for not more than two years or to a fine not exceeding 20 million won. (Subparagraph 1, Article 110, 「Labor Standards Act」)
Requirements for the payment of maternity leave benefits
Requirements for the receipt of maternity leave benefits
Where an insured employee is granted maternity leave under Article 74 of the 「Labor Standards Act」. (Article 75, 「Employment Insurance Act」 and Article 100 and Article 94, 「Enforcement Decree of the Employment Insurance Act」)
The insured employee's number of qualified days of covered employment as of the end date of such leave shall amount to at least 180 days. (Subparagraph 1, Article 75, 「Employment Insurance Act」)
The insured employee shall apply for maternity leave benefits, etc. between one month after the start date of such leave and 12 months after the end date of such leave. (Subparagraph 2, Article 75, 「Employment Insurance Act」)
Provided, however, that those who fail to apply for maternity leave benefits during that period due to any of the grounds prescribed below shall file an application within 30 days of the relevant grounds ceasing to exist. (Proviso to Article 75(2), 「Employment Insurance Act」 and Article 100 and Article 94, 「Enforcement Decree of the Employment Insurance Act」)
√ Natural disaster
√ Illness/injury of the worker or his/her spouse
√ Disease/injury of the worker or his/her spouse’s lineal ascendants or descendants
√ Compulsory service under the 「Military Service Act」
√ Arrest or execution of criminal charges
Application for maternity leave benefits
How to apply for maternity leave benefits
An employee who attempts to obtain maternity leave benefits shall submit the documents listed below to the head of the local or relevant employment security office. (Main text of Article 75, 「Employment Insurance Act」, and Article 121(1), 「Enforcement Regulation of the Employment Insurance Act」)
1 copy of the application formaternity leave benefits (Annex form 105, 「Enforcement Regulation of the Employment Insurance Act」, Attachment 105).
1 copy of the confirmation of maternity leave (for the first time only).
1 copy of data confirming ordinary wages (wage ledger, labor contract, etc.).
Data that can be verified when money or valuables are paid by the employer during the period of maternity leave.
Applications for payment of maternity leave benefits, etc. must be made in 30-day increments. However, if the period is less than 30 days, the application can be made for that period, and for applications made after the period of leave is over, it can be applied all at once. (Article 121(3), 「Enforcement Regulation of the Employment Insurance Act」)
A person who receives maternity leave subsidies or benefits by fraud or other improper means shall be liable to imprisonment with labor for not more than three years or to a fine not exceeding 30 million won. (Article 116(2) of the Employment Insurance Act)
※ Information on maternity leave benefitapplication forms and confirmations can be downloaded from the Employment Insurance website> Resources> Forms and Materials> Maternity/Parental Leave.