Target and period of reducedworking hours for a childcare period
Target
- The employer shall allow an employee to apply for a reduction in working hours to raisechildren aged 12 or below or in the 6th grade or lower of elementary school (hereinafter referred to as “reduced working hours for child care period”) (main sentence of Article 19-2 (1) of 「Equal Employment Opportunity and Work-Family Balance Assistance Act」).
Workhours during the period of reduced working hours for childcare
- The number ofwork hours during the period of reduced working hours for a childcare periodshall be not less than 15 hours and not more than 35 hours (Article 19-2 (3) ofthe Equal Employment Opportunity and Family-Work Balance Assistance Act).
Theperiod of using the reduced working hours for a childcare period
- The reducedworking hours for a childcare period should be less than 1 year (the main bodyof Article 19-2 (4) of the Equal Employment Opportunity and Family-Work BalanceAssistance Act).
· However, if there is a period that an employee did not use during the period of parental leave, the total period shall not exceed the period calculated by adding twice the unused period (proviso to Article 19-2(4) of 「Equal Employment Opportunity and Family-Work Balance Assistance Act」).
- Employees canuse it by dividing the reduced working hours for a childcare period (formerpart of Article 19-4 (2) of the Equal Employment Opportunity and Family-WorkBalance Assistance Act).
· The period of use in installments shall be at least 1 month (the remaining labor contract period for fixed-term employees who are unable to use the reduced working hours for at least 1 month because of the expiration of the labor contract period) (latter part of Article 19-4(2) of 「Equal Employment Opportunity and Family-Work Balance Assistance Act」).
Sanctionsfor violations
- Employers who do not allow the reduced workinghours for a childcare period will be fined up to KRW 5 million (Article 39 (3), subparagraph 6 of the Equal EmploymentOpportunity and Family-Work Balance Assistance Act).
※ Working conditions during the reduced working hours for a childcare period
- The working conditions (including work hours during the reduction of working hours) for an employee who uses reduced working hours for a childcare period shall be discussed with the employer and recorded in a written document (Article 19-3 (2) of the Equal Employment Opportunity and Family-Work Balance Assistance Act).
· Any employer who fails to obey the provisionsabove shall be punished by a fine not exceeding KRW 5 million (Article 39 (3), subparagraph 5 of the Equal Employment Opportunity andFamily-Work Balance Assistance Act).
- An employer shall not ask an employee on reduced working hours for a childcare period to extend his/her working hours. Only in cases where an employee clearly requests an extension of his/her working hours, the employer may permit an extension of work of not more than 12 hours per week (Article 19-3 (3) of the Equal Employment Opportunity and Family-Work Balance Assistance Act).
· Any employer who violates the provision above and asks an employee on reduced working hours for a childcare period to extend his/her working hours even when the employee didn’t clearly request it shall be punished by a fine not exceeding KRW 10 million (Article 37 (3) of the Equal Employment Opportunity and Family-Work Balance Assistance Act).
Restrictions on reduced workinghours for a childcare period
Reasonsfor Restriction
- In the caseslisted below, reduced working hours for a childcare period shall not bepermitted (proviso to Article 19-2 (1) of the Equal Employment Opportunity andFamily-Work Balance Assistance Act and Article 15-2 of the Enforcement Decreeof the Equal Employment Opportunity and Family-Work Balance Assistance Act).
· Where an employeewhose period of continuous service in the relevant project is less than 6 monthshas applied by the day before the scheduled start date of reduction
· In cases where anemployer fails to employ a substitute employee in spite of his/her endeavorsfor at least 14 days to employ a substitute employee after submitting anapplication for an employee to an employment security center (Article 2-2, subparagraph 1 of the Employment Security Act) (this shall not apply in caseswhere he/she has rejected employment on at least 2 occasions without anyjustifiable reason despite the recommendation of a job placement by the head ofan employment security center)
· In cases where thenature of the relevant duties makes it impractical to divide the working hourswhen performing the duties of an employee who has applied for a reduction ofhis/her working hours for a childcare period or where such a reduction ofworking hours substantially impedes the normal business operation, which shallbe verified by the employer.
Discussion about alternative measures
- In cases wherean employer does not grant reduced working hours for a childcare period, he/sheshall give the employee concerned a written notice clarifying the reason forthe refusal, and either advise the employee to use childcare leave or discussthe possibility of recourse to other support measures (Article 19-2 (2) of theEqual Employment Opportunity and Family-Work Balance Assistance Act).
Application for reduced workinghours for a childcare period
How toapply
- An employee whowishes to apply for reduced working hours for a childcare period shall submitto his/her employer documents (including electronic documents) clarifying thename, the date of birth of the child to be raised, the scheduled start date,the scheduled end date (hereinafter referred to as “scheduled end dateof reduced working hours“), starting time and endingtime of work during reduced working hours for family care, date of application,and the name of the applicant by no later than 30 days before the scheduleddate he/she intended to begin the reduced working hours (hereinafter referredto as “scheduled start date of reduced working hours“) (Article 15 (1) of the Enforcement Decree of the Equal EmploymentOpportunity and Work-Family Balance Assistance Act).
- If an employeeapplies for reduced working hours for a childcare period after the expirationof the application period above, the employer shall designate the start date ofthe reduced working hours during the childcare period within 30 days from thedate of application and allow the reduced working hours for a childcare period(Article 15 (2) of the Enforcement Decree of the Equal Employment Opportunityand Work-Family Balance Assistance Act).
- Employers mayrequest employees who have applied for reduced working hours for a childcareperiod to submit documents proving the birth of the child (Article 15 (3) ofthe Enforcement Decree of the Equal Employment Opportunity and Work-FamilyBalance Assistance Act).
Application for the delay of a scheduled end date of reduced working hours
- The scheduledend date of reduced working hours can be postponed only once, and in this case,the employee must apply to the employer 30 days before the scheduled end dateof reduced working hours (Articles 15-4 and 12 (2) of the Enforcement Decree ofthe Equal Employment Opportunity and Work-Family Balance Assistance Act).
· However, if a pregnant employee wants to postpone the due date of the shortened period in cases where it is difficult to raise the child due to risks of miscarriage or stillbirth, his/her spouse’s death, injury, illness, physical or mental disability, or divorce with a spouse, the employee must file an application by no later than 7 days prior to the original scheduled date (Articles 15-4, latter part of Article 12(2), and Subparagraphs 1 and 3 of Article 11(3) of 「Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act」).
Withdrawal of application forreduced working hours for a childcare period
Withdrawal of application for reduced working hours
- An employee whohas already applied for a reduced working hours for a childcare period maywithdraw his/her application by no later than 7 days before the scheduled startdate of reduced working hours, stating the reason(s) of such withdrawal(Articles 15-4, 13 (1) of Enforcement Decree of the Equal Employment Opportunityand Work-Family Balance Assistance Act).
Invalidapplication
- If any of the following grounds arises before the scheduled start date of reduced working hours after applying for reduced working hours for a childcare period, it shall be deemed to have been no application for reduced working hours for a childcare period (Articles 15-4 and 13(2) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
1. Where a pregnant employee has applied for reduced working hours during child care period: miscarriage or stillbirth
2. Where employees not falling under paragraph 1 above has applied for reduced working hours during child care period
· Where the childdies
· Where a child who is adopted is dismissed or his/her adoption is canceled
· Where an employee who has applied for reduced working hours for a childcare period has become unable to rear the relevant infant or young child due to an injury, disease, physical or mental disability, divorce, etc.
· Where an employee who has applied for additional reduced working hours during child care period within 6 months due to being a single parent or having a child with disabilities no longer falls under either category
- 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).
Termination of reduced workinghours for a childcare period
Notification of the reason for termination
- Where anemployee on reduced working hours, if his/her child dies or does not live withthe child (limited to cases where he/she does not contribute to childcare),he/she shall notify the employer of such fact within 7 days from the date onwhich such cause occurs (Article 15-3 (1) of the Enforcement Decree of theEqual Employment Opportunity and Work-Family Balance Assistance Act).
- Where anemployer is notified of the death, etc. of a child by an employee who isreducing the working hours, he/she shall designate the date of return to workwithin 30 days from the date of notification and notify the employee thereof(Article 15-3 (2) of the Enforcement Decree of the Equal Employment Opportunityand Work-Family Balance Assistance Act).
End dateof reduced working hours
- An employee’s reduced workinghours shall be deemed to have been terminated on any of the following days(Article 15-3 (3) of the Enforcement Decree of the Equal Employment Opportunityand Work-Family Balance Assistance Act).
· Where an employeeis notified pursuant to the above and notified by his/her employer of the dateof return to work: The day before the return date to work
· Where an employeehas given a notice pursuant to the above but has not been notified by his/heremployer of the return date to work: On the date when 30 days elapse from thedate on which the employee is notified
· Where an employeefails to give a notice pursuant to the above: On the date when 37 days elapsefrom the date on which a cause, such as the death of a child, occurs
- Where an employee on reduced working hours falls under any of the following circumstances, the reduced working hours shall be deemed to have been terminated the day before the date specified below, according to the following classifications (Article 15-3(4) of the Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
· Where an employee commences a new reduced working hours: The start date of the new reduced working hours
· Where an employee begins childcare leave or maternity leave before and after childbirth: The start date of childcare leave or maternity leave before and after childbirth.
· Where an employee starts a leave of absence or vacation for reasons other than childcare leave or maternity leave before and after childbirth (limited to leave or vacation lasting continuously for 30 days or more): The start date of the leave of absence or vacation.
· Where an employee starts a suspension of work due to reasons attributable to the employer (limited to suspension lasting continuously for 30 days or more): The start date of the suspension.