Amount paid for miscarriage/stillbirth leave benefits
Calculation of the amount of miscarriage/stillbirth leave benefits
- Miscarriage/stillbirth leave benefits shall be paid in an amount equal to the ordinary wage of the insured employee as prescribed in the Article 74, 「Labor Standard Act」 for periods of leave. (Main text of Article 76(1), 「Employment Insurance Act」)
Maximum and minimum amounts of miscarriage/ stillbirth leave benefits
- The maximum and minimum amounts of miscarriage/ stillbirth leave benefits, etc. payable to an insured employee shall be as follows. (Article 76(2), 「Employment Insurance Act」 and Article 101, 「Enforcement Decree of the Employment Insurance Act」)
· Maximum amount (Announcement of the maximum amount of maternity leave benefits)
√ Where the amount equivalent to the ordinary wage for 90 days of miscarriage or stillbirth leave exceeds 6.3 million won: 6.3 million won
√ If the payment period for miscarriage or stillbirth leave benefits is less than 90 days: The amount calculated by the number of days.
· Minimum amount
√ If the hourly wage of the worker is lower than the minimum wage for an hourly unit (hereinafter referred to as the 'hourly minimum wage') in accordance with the 「Minimum Wage Act」 in effect at the time of the start date of the period of miscarriage or stillbirth leave, an amount equivalent to the ordinary wage shall be paid during the support period for miscarriage or stillbirth leave benefits, which is to be calculated using the hourly minimum wage as the hourly ordinary wage.
Reduction of miscarriage or stillbirth leave benefits
- Where an insured female employee has received money and valuables whose combined value is equivalentto the ordinary wage from the relevant business owner during the period of miscarriage or stillbirth leave and where the aggregates of the money, valuables and the miscarriage or stillbirth leave benefits, etc. are accepted by the business owner, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the miscarriage or stillbirth leave benefits.: Provided, however, that this shall not apply where the insured employee has received a raise in her ordinary wage during her period of leave and thus the business owner has paid the difference between the increased ordinary wage and the miscarriage or stillbirth leave benefits, etc. (Articles 77 and 73(2), 「Employment Insurance Act」 and Article 104, 「Enforcement Decree of the Employment Insurance Act」)
How to pay miscarriage and stillbirth leave benefits
Payment of miscarriage and stillbirth leave benefits
- Upon receiving an application for payment of miscarriage or stillbirth leave benefits, the head of the job security agency shall, after reviewing whether the conditions for receiving miscarriage or stillbirth leave benefits are met and whether there are reasons for restrictions on payment, notify the applicant of whether the payment will be made in accordance with the notification of the decision on payment or non-payment of miscarriage or stillbirth leave benefits. (Article 122(1) and Attachment 106, 「Enforcement Rule of the Employment Insurance Act」).
- Miscarriage or stillbirth leave benefits shall be paid by depositing them into the account of the financial institution designated by the applicant. (Article 122(2), 「Enforcement Rule of the Employment Insurance Act」)
- The head of the job security agency shall, upon request from a person related to insurance, allow the person concerned to access the benefit ledger and, if deemed necessary, provide a certificate of miscarriage or stillbirth leave benefits. (Article 122(4), 「Enforcement Rule of the Employment Insurance Act」)
Restrictions on the payment of miscarriage and stillbirth leave benefits
When a worker is newly employed at another workplace
- Where an insured female employee is severed from employment or obtains a new job during a period of miscarriage and stillbirth leave, no miscarriage and stillbirth leave benefits shall be paid to her from the date on which she leaves the job. (Article 77 and Article 73(1), 「Employment Insurance Act」)
- An insured female employee shall state her severance or employment status in the application for childcare leave benefits first filed after the day on which her employment is severed or she is employed. (Articles 102 and 96, 「Enforcement Decree of the Employment Insurance Act」)
Receipt of benefits by fraudulent or improper means
- Where an insured female employee has received, or attempted to receive, miscarriage and stillbirth leave benefits by fraudulent or other improper means, she shall be denied miscarriage and stillbirth leave benefits from the date on which such insured female employee has received, or attempted to receive, such benefits. (Main text of Articles 77 and 73(4), 「Employment Insurance Act」)
- Provided, however, that the same shall not apply to her subsequent eligibility for miscarriage and stillbirth leave benefits that may be approved after the miscarriage and stillbirth leave relevant to such improper claim. (Proviso to Articles 77 and 73(4), 「Employment Insurance Act」)