Target for paternity leave

Target
If an employee requests a leave of absence on the grounds of the childbirth of his spouse, the employer shall grant him paternity leave (former part of Article 18-2 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Vacation period
The employer must give the employee 10 days of paternity leave, which is paid (Article 18-2 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Sanctions against violation
- An employer who fails to give a leave of absenceor fails to pay the leave of absence used by the employee who requested a leaveof absence for the childbirth of his spouse will be fined up to KRW 5 million (subparagraph3 of Article 39(3) of the Equal EmploymentOpportunity and Work-Family Balance Assistance Act).
※ Related to paternity leave benefits
Q. I applied for paternity leave benefits separately to the Ministry of Employment and Labor and got paid. In this case, can I get the same salary from the company?
A. If an employee received paternity leave benefits for his spouse, the employer shall not be liable to pay within the limit of such amount (Article 18-2 (2) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
In other words, if an employee receives paternity leave benefits for his spouse, he will receive wages from the employer excluding the amount.
Paternity leave use

Time limit for application
Paternity leave for spouses cannot be claimed 90 days after the spouse of the employee gave birth (Article 18-2 (3) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
※ The start and end dates of paternity leave
Q. Can I use my paternity leave 90 days after childbirth?
A. Paternity leave can start within 90 days of giving birth, and it doesn’t matter if the vacation ends after 90 days from the date of childbirth.
In other words, you just need to start your vacation within 90 days of giving birth, so don’t worry too much!
Source: Ministry of Employment and Labor, see Guidelines for Paternity Leave Benefits (September 2019)

Split use
Paternity leave can be used separately but only once (Article 18-2 (4) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
※ Method of split use
Q. Is there a limit to the second period of use when using paternity leave separately?
A. When using paternity leave separately, there is no limit on the number of days of use. However, the second period of use must start within 90 days from the date of childbirth.
Source: Ministry of Employment and Labor, see Guidelines for Paternity Leave Benefits (September 2019)