ENGLISH
Work and Family Life
Target of childcare leave benefits
Requirements of childcare leave benefits- The Minister of Employment and Labor shall pay childcare leave benefits to an insured employee whose qualifying days in covered employment under Article 41 of the Employment Insurance Act before the date child care leave begins amount to at least 180 days from among such insured employees who have been granted childcare leave for at least 30 days (excluding the period overlapping with the period of maternity leave) (Article 70 (1) of the Employment Insurance Act).
How to apply for childcare leave benefits How to apply- Any employee who wishes to receive childcare leave benefits shall submit an application to the head of the regional employment security center closest to his/her residence or workplace (former part of Article 70 (5) of the Employment Insurance Act and Article 116 (1), subparagraph 1 of the Enforcement Rule of the Employment Insurance Act).
· Application for childcare leave benefits (attached Form 100 of the Enforcement Rule of the Employment Insurance Act)
· One copy of the confirmation of childcare leave (limited to the first time) (attached Form 102 of the Enforcement Rule of the Employment Insurance Act)
· One copy of the evidentiary materials (wage ledgers, employment contracts, etc.) verifying ordinary wages
· Where money and valuables are received from the employer during the period of childcare leave, one copy of the data verifying such money and valuables
· Documents verifying pregnancy at the time when the employee applied for childcare leave (only applicable when the pregnant employee intends to be provided with childcare leave benefits)
· In the case where the employee intends to receive parental leave benefits for the additional leave period pursuant to the proviso of Article 19(2) of 「Equal Employment Opportunity and Work-Family Balance Assistance Act」, one copy of documentary evidence proving that the employee falls under any of the subparagraphs of the same Article shall be submitted.
· Where parents apply for parental leave sequentially for the same child (Article 95-2(1) of 「Enforcement Decree of the Employment Insurance Act」), one copy of the evidence confirming that the father or mother, who is not the applicant, has taken parental leave for the same child· In the case where both insured parents take parental leave for the same child until the child reaches 18 months of age (Article 95-3(1) of 「Enforcement Decree of the Employment Insurance Act」), one copy of documentary evidence confirming that the non-applicant parent has taken parental leave for the same child shall be submitted. In such cases, where a pregnant female employee takes parental leave due to pregnancy, the fetus shall be deemed a child, and the pregnant employee and her spouse shall be deemed the parents.
· Where the mother or father insured under Article 4, subparagraph 1 of the Single-Parent Family Support Act applies for childcare leave benefits, one copy of a document verifying the required qualifications
- The application for childcare leave benefits shall be made on a monthly basis. The benefits for the current month shall be applied for by the end of the following month (Article 116 (2) of the Enforcement Rule of the Employment Insurance Act).
- If an employee has been transferred during the period of childcare leave or has been employed in any of the following cases when applying for the payment of childcare leave benefits, he/she shall enter such fact in the application submitted for the first time after the date of transfer or employment (Article 70 (3) of the Employment Insurance Act, Article 96 of the Enforcement Decree of the Employment Insurance Act, and Article 116 (3) of the Enforcement Rule of the Employment Insurance Act).
· Where the fixed working hours for 1 week are at least 15 hours
· Where the money and valuables received in return for providing income or labor through self-employment is at least KRW 1.5 million per month.
Time limit for application- A person who wishes to receive childcare leave benefits shall apply between 1 month from the start date of the childcare leave and 12 months after the end of the period of leave (the main body of Article 70 (2) of the Employment Insurance Act).
- However, those who fail to apply for childcare leave benefits during the aforementioned period for any of the following reasons shall submit an application within 30 days after the reason for such failure has ceased to exist (proviso to Article 70 (2) of the Employment Insurance Act, Article 94 of the Enforcement Decree of the Employment Insurance Act).
· A natural disaster
· Illness or injury of the beneficiary or his/her spouse
· Illness or injury of an ascendant or descendant of the beneficiary or his/her spouse
· Obligatory military service under the Military Service Act
· Arrest or execution of the sentence because of an alleged crime
Amount of childcare benefits Amount paid- The amount of monthly childcare leave benefits shall be determined according to the following classifications (Article 70(4) of the Employment Insurance Act and Article 95(1) of the Enforcement Decree of the Employment Insurance Act):
· From the start of childcare leave to the third month: An amount equivalent to the monthly ordinary wage as of the start date of childcare leave (However, if the amount calculated exceeds KRW 2,500,000, the amount of benefits shall be KRW 2,500,000, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000).
· From the fourth to the sixth month: An amount equivalent to the monthly ordinary wage as of the start date of childcare leave (However, if the amount calculated exceeds KRW 2,000,000, the amount of benefits shall be KRW 2,000,000, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000).
· From the seventh month to the end of childcare leave: An amount equivalent to 80% of the monthly ordinary wage as of the start date of childcare leave (However, if the amount calculated exceeds KRW 1,600,000, the amount of benefits shall be KRW 1,600,000, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000).
- If the childcare leave is taken by installments, the period eligible for childcare leave benefits above shall be the total number of days used (Article 95 (2) of the Enforcement Decree of the Employment Insurance Act).
- If the period eligible for childcare leave benefits is less than 1 month, the amount calculated in proportion to the number of days of leave in the relevant month shall be paid (Article 95(3) of the Enforcement Decree of the Employment Insurance Act).
Childcare leave benefits special system Temporary special payment amount of childcare leave benefits for the parent taking the second childcare leave- Until December 31, 2022, if both insured parents take childcare leave for the same child sequentially, the monthly childcare leave benefits paid to the second parent taking childcare leave shall be calculated as follows (Article 95-2(1) of the Enforcement Decree of the Employment Insurance Act):
· From the start of childcare leave to the third month: An amount equivalent to the monthly ordinary wage as of the start date of childcare leave (However, if the amount calculated exceeds KRW 2,500,000, the amount of benefits shall be KRW 2,500,000, and if it is less than KRW 700,000, then the amount of benefits it shall be KRW 700,000).
· From the fourth month to the end of childcare leave: An amount equivalent to 50% of the monthly ordinary wage as of the start date of childcare leave (However, if the amount calculated exceeds KRW 1,200,000, the amount of benefits shall be KRW 1,200,000, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000).
- If the childcare leave periods of both parents overlap for the same child, the regular childcare leave benefits under Article 95(1) of the Enforcement Decree of the Employment Insurance Act shall apply for the overlapping period (Article 95-2(2) of the Enforcement Decree of the Employment Insurance Act).
Special provisions for childcare leave benefits for children under 18 months of age- If both insured parents take childcare leave for the same child until the child reaches 18 months of age (including cases where their leave periods do not overlap fully or partially), the monthly payment amount for each parent shall be determined as follows (Article 95-3(1) of the Enforcement Decree of the Employment Insurance Act):
· From the start of childcare leave to the sixth month: An amount equivalent to 100% of each insured parent's normal monthly wage as of the start date of childcare leave. The upper limit for the monthly payment amount shall be as follows and lower limit for the monthly payment shall be KRW 700,000 per parent:
√ If each parent takes one month of childcare leave: KRW 2,500,000 per parent per month
√ If each parent takes two months of childcare leave: KRW 2,500,000 per parent per month for both months
√ If each parent takes three months of childcare leave: KRW 2,500,000 per parent per month for the first two months and KRW 3,000,000 for the third month
√ If each parent takes four months of childcare leave: KRW 2,500,000 per parent per month for the first two months, KRW 3,000,000 for the third month, and KRW 3,500,000 for the fourth month
√ If each parent takes five months of childcare leave: KRW 2,500,000 per parent per month for the first two months, KRW 3,000,000 for the third month, KRW 3,500,000 for the fourth month, and KRW 4,000,000 for the fifth month
√ If each parent takes six months of childcare leave: KRW 2,500,000 per parent per month for the first two months, KRW 3,000,000 for the third month, KRW 3,500,000 for the fourth month, KRW 4,000,000 for the fifth month, and KRW 4,500,000 for the sixth month
· From the seventh month to the end of childcare leave: An amount equivalent to 80% of each insured parent's monthly wage as of the start date of childcare leave. However, if the amount calculated exceeds KRW 1,600,000, the amount of benefits shall be KRW 1,600,000 per parent, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000 per parent.
- If an insured parent qualifies as a single mother or father under Article 4(1) of the Single-Parent Family Support Act, the monthly payment amount for their childcare leave shall be determined as follows (Article 95-3(3) of the Enforcement Decree of the Employment Insurance Act):
· From the start of childcare leave to the third month: An amount equivalent to the monthly ordinary wage as of the start date of childcare leave. However, if the amount calculated exceeds KRW 3,000,000, the amount of benefits shall be KRW 3,000,000, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000.
· From the fourth month to the sixth month: An amount equivalent to the monthly ordinary wage as of the start date of childcare leave. However, if the amount calculated exceeds KRW 2,000,000, the amount of benefits shall be KRW 2,000,000, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000.
· From the seventh month to the end of childcare leave: An amount equivalent to 80% of the monthly ordinary wage as of the start date of the childcare leave. However, if the amount calculated exceeds KRW 1,600,000, the amount of benefits shall be KRW 1,600,000, and if it is less than KRW 700,000, then the amount of benefits shall be KRW 700,000.:
Restrictions on the payment of childcare leave benefits, etc. Restrictions on payment of childcare leave benefits- Payment of childcare leave benefits shall be discontinued from the date when an insured employee departs from employment or obtains a new job during a period in which childcare leave benefits are received (Article 73 (1) of the Employment Insurance Act).
- Those who have obtained a new job during the period of childcare leave shall be paid no childcare leave benefits during the period of such employment (Articles 73 (2) and 70 (3) of the Employment Insurance Act and Article 116 (3) of the Enforcement Rule of the Employment Insurance Act).
· Where the fixed working hours for 1 week are at least 15 hours
· Where the money and valuables received in return for providing income or labor through self-employed business is at least KRW 1.5 million
- A person who has received or intends to receive childcare leave benefits by fraud or other improper means cannot receive the benefits from the date he receives or intends to receive such benefits (the main body of Article 73 (4) of the Employment Insurance Act).
· However, if the employee has the requirements for childcare leave benefits after the childcare leave related to the benefits, he can receive maternity leave benefits according to the new requirement (proviso to Article 73 (4) of the Employment Insurance Act).
- For a person who has received or intends to receive childcare leave benefits by falsely stating that he/she has been employed during the period of childcare leave, the scope of childcare leave benefits for which payment is restricted pursuant to Article 118-2 of the Enforcement Rule of the Employment Insurance Act may be determined differently in consideration of the number of violations (Article 73 (5) of the Employment Insurance Act).
Reduced benefits- With respect to money or valuables that an employee receives from his/her employer for childcare leave during the period of childcare leave on a monthly basis, if the sum of the valuables and childcare leave benefits exceeds the monthly ordinary wage as of the start date of childcare leave, such amount in excess shall be deducted from the childcare leave benefits (Article 73(3) of the Employment Insurance Act and Article 98 of the Enforcement Decree of the Employment Insurance Act).
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