Target for paternity leave
TargetIf 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 periodThe 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 (Article 39 (3), subparagraph 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.