ENGLISH

Where a pregnant female employee or an employee applies for a leave of absence (hereinafter referred to as "childcare leave") in order to enjoy maternity protection or to raise his or her children (including adopted children) aged eight years or younger or in the second grade or lower of elementary school, respectively, their employer shall grant permission therefor (the Main Text of Article 19(1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

The period of childcare leave shall not exceed 1 year and may be divided and used only once (Articles 19(2) and the former part of Article 19-4(1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

The number of childcare leave used by pregnant employees for maternity protection shall not be included in the number of divided use of childcare leave (latter part of Article 19-4(1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Employers who do not allow childcare leave even though they have received childcare leave from employees will be fined up to KRW 5 million (Subparagraph 4 of Article 37 (4) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Childcare leave shall not be permitted where an application is filed by an employee who has worked in the business for less than 6 months by the day preceding the start date of childcare leave (hereinafter referred to as “scheduled start date of leave”) (proviso to Article 19 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act and Article 10 of Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

An employee who wishes to apply for childcare leave shall submit to his/her employer x-documents clarifying the following matters by no later than 30 days before the scheduled start date of leave (Article 19(1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act and Article 11(1) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

The applicant’s personal information, such as his/her name and date of birth

Name and date of birth of the infant for the childcare leave (pregnant employees taking childcare leave do not have to write the infant’s name and shall fill in the scheduled childbirth date instead of the infant’s date of birth).

Scheduled start date of childcare leave

Scheduled end date of childcare leave (hereinafter referred to as “scheduled end date of leave”)

Date of childcare leave application

In any of the following cases, you may apply for childcare leave by no later than 7 days before the scheduled start date of leave (Article 11 (2) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Where the pregnant employee has risks of miscarriage or stillbirth

Where a child is born before the due date of childbirth

A situation in which it is difficult to raise a child because of death, injury, illness, physical or mental disability, divorce from his/her spouse, etc.

Where any of the following grounds arises before the scheduled start date of leave, an employee who has applied for childcare leave may ask the employer to change the start date of the leave before the original scheduled date, specifying the grounds thereof (Articles 12 (1) and 11 (2) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Where a child is born before the due date of childbirth

A situation in which it is difficult to raise a child because of death, injury, illness, physical or mental disability, divorce from his/her spouse, etc.

Scheduled end date of leave may be postponed only once, and in this case, the employee must apply to the employer 30 days before the scheduled end date of leave (Article 12 (2) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

However, if the scheduled end date of leave is to be postponed in cases where it is difficult to raise the child due to having risks of miscarriage or stillbirth by pregnant employee, spouse’s death, injury, illness, physical or mental disability, or divorce with a spouse, the application must be made no later than 7 days before the original scheduled date (Article 15-4, the latter part of Article 12(2) and subparagraphs 1 and 3 of Article 11(2) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

An employee who has applied for childcare leave may withdraw his/her application by not later than 7 days before the scheduled start date of leave (Article 13 (1) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

If any of the following grounds arises before the scheduled start date of leave after an employee file an application for childcare leave, no application for childcare leave shall be deemed to have been filed (Article 13(2) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Where the child dies

Where a child who is adopted isdismissed or his/her adoption is canceled

Where an employee who has applied for childcare leave is unable to raise the child because of injury, illness, physical or mental disability, divorce from his/her spouse, etc.

Where any of the above cases arises, the employee shall promptly notify it to the employer (Article 13(3) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Where any of the following causes arises to an employee on childcare leave, he/she shall notify the employer of such fact within 7 days from the date on which such cause occurs (Article 14(1) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Death of an infant

Where the employee does not reside with or raise the infant

Where an employer is notified of the death, etc. of a child from an employee on childcare leave pursuant to the above, he/she shall designate the start date of work within 30 days from the date of notification and notify the employee thereof (Article 14 (2) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

An employee’s childcare leave shall be deemed to have been terminated on any of the following days (Article 14 (3) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).

Where an employee is notified pursuant to the above and notified by his/her employer of the start date of his/her work: The day before the start date of his/her work

Where an employee has given a notice pursuant to the above but has not been notified by his/her employer of the start date of work: On the date when 30 days elapse from the date on which the employee is notified

Where an employee fails to give a notice pursuant to the above: On the date when 37 days elapse from the date on which a cause, such as the death of a child, occurs

Where an employee on childcare leave commences a new childcare leave, begins maternity leave, or reduces working hours for the childcare period, the childcare leave shall be deemed to have been terminated the day before the new childcare leave, maternity leave, or start date of reducing working hours (Article 14 (4) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).