Reduced working hours during pregnancy
Reduced working hours during pregnancy
- Where a female employee who has been pregnant for not more than 12 weeks or for not less than 36 weeks requests the reduction of her work hours by 2 hours a day, the employer shall permit it: Provided, That he or she may permit to reduce her work hours to 6 hours if her work hours are shorter than 8 hours a day (Article 74 (7) of the Labor Standards Act).
※ If the employer does not allow the worker to shorten working hours in violation of this, he or she is subject to an administrative fine not exceeding KRW 5 million (Article 116 (2) 2 of the Labor Standards Act).
- A female employee who intends to request a reduction of her work hours shall submit a document (including electronic documents) stating the period of pregnancy, scheduled date of commencement and completion of working hours, time of commencement and end of work, etc. to the employer by not later than three days prior to the commencement date of the reduction of working hours, accompanied by a doctor’s medical certificate (excluding cases where the reduction of working hours is applied for the same pregnancy) (Article 43-2 of the Enforcement Decree of the Labor Standards Act).
Change of working hours during pregnancy
Change of working hours
- The employer shall permit a pregnant employee’s request for changing starting and ending hours while keeping prescribed daily hours the same (Main Text of Article 74(9) of the Labor Standards Act).
※ If the employer violates the regulation above and refuses to approve the employee’s request for changing working hours, up to a KRW 5 million administrative fine shall be imposed on the employer (Subparagraph 2 of Article 116(2) of the Labor Standards Act).
- Where a pregnant employee intends to request changing the start and end of working hours, she shall attach a medical certificate verifying her pregnancy from a doctor (excluding when the employee is re-applying for changing starting and ending hours for the same case of pregnancy) on the document (including e-documents) indicating the period of pregnancy, the expected period of changed starting and ending hours, and the time of starting and ending hours. The document shall be submitted to the employer 3 days before changing the start and end of working hours (Article 43-3(1) of the Enforcement Decree of the Labor Standards Act).
- However, where changing the start and end of working hours causes severe disruptions to normal business operations or violates related Acts and subordinate statutes on the safety and health of pregnant female workers, it may not be permitted (Proviso of Article 74(9) of the Labor Standards Act, Article 43-3(2) of the Enforcement Decree of the Labor Standards Act).
Reduction of working hours for a child care period
Subject to reduce working hours for a child care period
- Where any employee applies for a reduction of working hours to raise his or her children(including adopted children) under the age of eight or under the second grade of elementary school (Article 19-2 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Working hours after reduction
- If the employer allows the worker to reduce working hours during child care, the shortened working hours should be more than 15 hours a week and should not exceed 35 hours (Article 19-2 (3) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
- The period of reduction of working hours during child care shall not exceed one year, but if a worker eligible to apply for child care leave has an unused period during the period of child care leave, the period shall not exceed the period during which the period is added (Article 19-2 (4) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
How to use reduction of working hours
- An employee may reduce working hours for a period of child care over several occasions. In such cases, each period of use shall be at least three months (in cases of fixed-term employees who cannot reduce working hours for at least three months because of the termination of the contract period, referring to the remaining contract period) (Article 19-4 (2) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Benefits for reduced working hours during child care period
- Subject to grant
· The benefits for the reduction of working hours during the child care period shall be paid to the insured for at least 180 days prior to the commencement of the reduction of working hours during the period of child care, among the insured who have conducted the reduction of working hours during the child care period for at least 30 days (excluding the period that overlaps with the maternity leave period) (Article 73-2 (1) of the Employment Insurance Act).
- Application period
· A person who intends to receive the payment of benefits for reduced working hours during the period of child care shall apply for such benefits between one month after the beginning date of the reduction of working hours and 12 months after the end date of such reduction (The main body of Article 73-2 (2) of the Employment Insurance Act).
· Provided, That those who fail to apply for the benefits for reduced working hours during the aforementioned application period because of any of the grounds prescribed by Presidential Decree shall file an application within 30 days after the relevant ground ceases to exist (Proviso to Article 73-2 (2) of the Employment Insurance Act and 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
- Benefits for reduced working hours during child care period
· The amount of benefits for reduced working hours during child care period shall be determined in accordance with the following formula (Article 104-2 (2) of the Enforcement Decree of the Employment Insurance Act).
(First reduction of 5 hours per week) The amount equivalent to the monthly ordinary wage calculated pursuant to the Labor Standards Act based on the commencement date of the reduction of working hours during the child care period
(The upper limit is KRW 2 million, and the lower limit is KRW 500,000)
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5/ fixed work hours before reduction
(Reduction of remaining working hours) An amount equivalent to 80% of the monthly ordinary wage calculated under the Labor Standards Act based on the commencement date of the reduction of working hours during child care
(The upper limit is KRW 1.5 million, and the lower limit is KRW 500,000)
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Fixed working hours before reduction – Fixed working hours after – 5/Fixed working hours before reduction
※ Provided, That where the period eligible for the benefits for reduced working hours during the period of child care is less than one month, such benefits shall be calculated by multiplying the amount computed by dividing the amount obtained according to the above formula by the number of days in the relevant month, by the number of days when the reduced working hours during child care period are applied (Proviso to Article 104-2 (2) of the Enforcement Decree of the Employment Insurance Act).
- Curtailment of wages for reduced working hours during infant care period
· The Minister of Employment and Labor shall deduct the excess amount from the reduction of child care hours if the sum of money and valuables (money and valuables paid for the reduction of working hours during the period of child care) and the reduction of child care benefits paid by the employer on a monthly basis during the reduction of working hours during the child care period exceed the following ordinary wages (Article 104-4 of the Enforcement Decree of the Employment Insurance Act).
1. Where the ordinary wage has not been raised while working hours have been reduced during the child care period: Ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction in working hours during the child care period belongs
2. Where the ordinary wage has been raised while working hours have been reduced during the child care period: The following relevant ordinary wages
√ Until the day before the ordinary wage has been raised: The ordinary monthly wage based on the month immediately preceding the month to which the commencement date of reduction in working hours during the child care period belongs
√ On or after the date the ordinary wage has been raised: The ordinary monthly wage based on the date the ordinary wage is raised.
Guarantees return to the same work
Guaranteeing return of workers after maternity leave before and after childbirth or child care leave
- A business owner shall reinstate her to the same work or to the work for which wages of the same level as before leave are paid after the end of maternity leave before and after childbirth, child care leave, reduced working hours for a child care period (Articles 74 (6) of the Labor Standards Act and Articles 19 (4) and 19-2 (6) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
※ A business owner who violates this will be fined up to KRW 5 million (Article 114 (1) of the Labor Standards Act and Article 37 (4) 4 and 5 of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
Other measures for child care support
Supporting child care of business owners
- An employer shall try to take any of the following measures to support the child care of employees who raise a child aged 8 or below or in the 2nd grade or lower (including an adopted child) of elementary school (Article 19-5 (1) of the Equal Employment Opportunity and Work-Family Balance Assistance Act).
· Time adjustment for the start and end of work
· Restrictions on extended work
· Adjustment of working hours, such as reduction of working hours and flexible operation
· Other measures necessary to support child care of employees