What is the miscarriage and stillbirth leave system?
Grant of miscarriage and stillbirth leave- Where a pregnant female employee suffers a miscarriage or stillbirth, her employer shall, upon her request, grant her miscarriage/stillbirth leave, as prescribed by Presidential Decree. (Main text of Article 74(3), 「Labor Standards Act」)
- Provided, however, that the same shall not apply to an abortion or artificial termination of pregnancy (excluding the cases provided under Article 14 (1)of the Mother and Child Health Act). (Proviso to Article 73(3), 「Labor Standards Act」)
※ Artificial abortion surgery with miscarriage or stillbirth leave (Article 14(1), 「Mother and Child Health Act」)
- In the event that an employee or his/her spouse has achondroplasia, cystic fibrosis or another hereditary disease with eugenic or genetic mental or physical disorders.
- In the event that an employee or his/her spouse has rubella, toxoplasmosis, or other infectious diseases with a high medical risk to the fetus.
- In the event of pregnancy resulting from rape or quasi-rape.
- In the event of pregnancy between blood relatives or relatives with marriage who cannot be married by law.
- In the event that continuation of a pregnancy causes serious harm or is likely to harm the physical and/or mental health of the mother due to medical reasons.
- A female employee who violates the foregoing provisions 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」)