Payment during miscarriage or stillbirth leave
Wages for miscarriage and stillbirth
- The first 60 days (75 days if she is pregnant with twins or more children) of the period of miscarriage/stillbirth leave shall be stipendiary. (Main text of Article 74(4), 「Labor Standards Act」)
- Provided, however, that when the amount of money equivalent to the ordinary wages for the period of leave has been paid to persons who meet the specific requirements among employees who have taken miscarriage/stillbirth leave, the employer shall be exempted for the payment obligationwithin the limit of the relevant amount. (Proviso to Article 18, 「Equal Employment Opportunities and Work-Family Balance Assistance Act」 and Article 74(4), 「Labor Standards Act」)
- A business owner who violates the foregoing and does not pay the miscarriage/stillbirth benefits 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 payment of miscarriage and stillbirth leave benefits
Requirements for receiving miscarriage and stillbirth leave benefits
- An employee who has taken miscarriage/stillbirth leave as prescribed in Article 74 of the 「Labor Standards Act」. (Articles 100 and 94, 「Enforcement Decree of the Labor Standards Act」)
- The insured employee's number of qualified days for 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 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 leave benefits during that period due to any of the reasons set forth below shall file an application within 30 days of the relevant reason’s ceasing to exist. (Article 75, 「Employment Insurance Act」 and Articles 100 and 94, 「Enforcement Decree of the Employment Insurance Act」)
√ Natural disaster
√ Illness/injury of the worker or his/her spouse
√ Illness or injury of the worker or his or her spouse’s lineal ascendants or descendants
√ Compulsory service under the 「Military Service Act」
√ Arrest or execution of criminal charges
Application for miscarriage and stillbirth leave benefits
How to apply for miscarriage and stillbirth leave benefits
- An employee who intends to receive miscarriage or stillbirth leave benefits shall attach all of the following documents and submit them to the head of the job security agency having authority over the location of the applicant's residence or place of business. (Main text of Article 75, 「Employment Insurance Act」 and Article 121(1), 「Enforcement Rule of the Employment Insurance Act」)
· Application for miscarriage and stillbirth leave benefits (Attachment 105, 「Enforcement Regulation of the Employment Insurance Act」)
· 1 copy of the confirmation of miscarriage/stillbirth leave (for the first time only).
· 1 copy of a document confirming ordinary wages (wage ledger, labor contract, etc.).
· Data or documents that can be verified when money or valuables are paid by the employer during the period of miscarriage/stillbirth leave.
· 1 copy of a medical certificate from a medical institution (referring to a medical institution under Article 3 of the 「Medical Act」) that can prove the occurrence of miscarriage or stillbirth (the period of pregnancy must be included thereon).
- Miscarriage or stillbirth leave benefits shall be made on a 30-day basis, but if the period of use is less than 30 days, the application can be made for that period. As for applications submitted after miscarriage/stillbirth leave, they shall be made at once for the entire period. (Article 121(3), 「Enforcement Regulation of the Employment Insurance Act」)
- An employee who has received miscarriage or stillbirth leave by fraudulent or other illegal means shall be liable to imprisonment with labor for not more than three years or to a fine not exceeding tenacious 30 million won. (Article 116(2) of the Employment Insurance Act)