Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Korea, Republic of. This article explains Korea, Republic of’s leave laws, including Sick Leave Maternity Leave Public holidays Childcare leave Paternity leave Special Leave Bereavement Leave Annual Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Sick Leave | Varies by company, no statutory requirement. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Maternity Leave | 90 days, with 45 days post-birth. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Public holidays | Varies annually | Not applicable | Not applicable | Not applicable | Not applicable |
Childcare leave | Up to 1 year per child until the child is 8 years old. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Paternity leave | 10 days, can be extended in certain cases. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Special Leave | Varies by event, e.g., 3-5 days for marriage. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Bereavement Leave | 3 to 5 days depending on relation | Not applicable | Not applicable | No | No |
Annual Leave | 15 days for those employed for 1 year, additional 1 day for each subsequent 2 years. | Accrues annually based on tenure. | Carry over of unused leave is allowed up to a certain limit. | Unused leave is paid out upon termination. | Not typically practiced. |
There is no statutory requirement in Korea for employers to provide sick leave. However, many companies have policies that provide paid or unpaid sick leave.
Employees are generally expected to inform their employer about their absence due to sickness as soon as possible, typically on the first day of illness.
Whether approval is needed for sick leave can vary by company. Some may require a doctor's note or other documentation, especially for extended periods of absence.
Since there is no statutory sick leave, additional quota rules are based entirely on company policy and the specifics of any collective bargaining agreements in place.
Sick leave does not typically accrue and is instead granted based on immediate need as specified by company policies or contracts.
Carry over of sick leave is generally not applicable as it does not accrue over time.
Since there is no statutory requirement to provide sick leave, there are no payout rules upon termination.
There is no end of year payout for sick leave as it is not a statutory benefit.
The provision and rules around sick leave are largely determined by individual company policies and any relevant labor agreements.
Pregnant employees are entitled to a total of 90 days maternity leave, with at least 45 days mandatory post-birth leave. This leave is paid, with the employer and government sharing the cost.
Employees are encouraged to provide notice of their intention to take maternity leave as early as possible to facilitate workplace planning.
While formal approval is required for maternity leave, it is typically granted as a routine matter due to legal protections for pregnant employees.
The statutory quota for maternity leave is fixed, and additional leave beyond the 90 days is not commonly provided under law. However, employers may have more generous policies.
Maternity leave does not accrue over time but is a fixed statutory entitlement per pregnancy.
There is no carry over applicable to maternity leave as it is event-based, not accrued.
Maternity leave benefits are not subject to payout upon termination as they must be used within the context of pregnancy and childbirth.
There is no end of year payout for maternity leave as it is not an accruing benefit.
Employers are prohibited from dismissing a pregnant employee during the period of maternity leave, offering significant job security during and immediately after pregnancy.
Public holidays in South Korea vary each year, typically including New Year's Day, Lunar New Year (Seollal), Independence Movement Day, Labor Day, Buddha's Birthday, Memorial Day, Liberation Day, Chuseok, National Foundation Day, Hangeul Day, and Christmas Day.
Public holidays are predetermined and do not require employee notification.
Public holidays do not require approval as they are universally observed.
Additional public holidays are not typically provided beyond the official dates set by the government.
Public holidays are not accrued but are set annually by the government.
Public holidays cannot be carried over as they are specific to certain dates each year.
Public holidays are not subject to payout upon termination, as they are tied to specific calendar dates.
There is no payout for public holidays at the end of the year.
Employees required to work on public holidays may be entitled to additional pay or compensatory leave, depending on the terms of their employment contract or applicable labor laws.
Parents are entitled to take up to one year of childcare leave for each child until the child reaches the age of 8. This leave can be used to care for the child and is a part of family care policies.
Employees are required to give advance notice, typically 30 days, before beginning their childcare leave to allow employers to manage staffing and coverage.
While childcare leave is a legal entitlement, its scheduling and approval are subject to the employer's discretion and may be dependent on the operational requirements of the business.
The quota for childcare leave is strictly defined by law, and additional leave beyond the one-year entitlement per child is not typically available.
Childcare leave does not accrue based on years of service; it is based solely on parental need up to the child's eighth birthday.
Carry over of childcare leave is not applicable, as it is based on a per-child entitlement rather than an accruing benefit.
There is no payout for unused childcare leave upon termination, as this leave is intended for active employment periods to care for young children.
Childcare leave does not have an end of year payout as it does not accrue annually but is available based on the age of the child.
Employees taking childcare leave are protected against discrimination and dismissal related to their decision to take leave, ensuring job security during and after the leave period.
Fathers are entitled to 10 days of paternity leave, which can be used consecutively or intermittently around the time of childbirth. Under certain conditions, such as multiple births, additional leave may be granted.
Fathers are encouraged to notify their employers as soon as possible once the need for paternity leave is known to facilitate scheduling.
Approval is required for paternity leave, but it is generally granted routinely due to legal provisions supporting family care.
Additional paternity leave may be granted in specific circumstances, such as multiple births, where the standard 10 days may be deemed insufficient.
Paternity leave is granted per event (childbirth) rather than accruing over time.
Carry over of paternity leave is not applicable as it is granted per childbirth event and must be used within a specified timeframe around the birth.
Paternity leave is not subject to payout upon termination as it must be utilized in relation to a specific childbirth event.
There is no end of year payout for paternity leave as it is event-specific and does not accrue.
Paternity leave can be used either consecutively or intermittently, offering flexibility to fathers to support their partner and newborn as needed.
Special leave is granted for various family-related events such as marriage, death of a close family member, etc. The specific duration varies by event, with marriage typically granting 3-5 days.
The required notice period for special leave can vary depending on the type of event. Employees are typically expected to provide notice as soon as they are aware of the need for leave.
Special leave requires approval from the employer, and while it is generally granted, it is subject to the employer's discretion based on operational needs.
The quotas for special leave are fixed per event and additional leave beyond the specified days is not typically available under statutory provisions.
Special leave does not accrue and is instead granted based on specific life events as they occur.
Carry over of special leave is not applicable as it is granted per specific event and must be used at the time of the event.
There is no payout for unused special leave upon termination as it is event-specific and not accrued.
Special leave does not have an end of year payout as it is not an accruing benefit.
Special leave provisions can vary significantly based on the type of event and individual employer policies, providing flexibility to address personal circumstances.
Employees are entitled to 3 days of bereavement leave for the death of an immediate family member, and 5 days for the death of a spouse or child.
Employees should notify their employer as soon as reasonably possible after the death of a family member.
Bereavement leave is generally granted without formal approval, but notification and some form of proof (e.g., a death certificate) may be required.
The law specifies fixed days for bereavement leave, and additional leave beyond this is not typically provided under statutory law.
Bereavement leave does not accrue and is granted as needed, based on the circumstances.
Bereavement leave is event-specific and does not carry over.
Unused bereavement leave is not subject to payout upon termination.
There is no payout for unused bereavement leave at the end of the year.
Immediate family typically includes parents, spouses, children, and siblings, but the definition may vary slightly depending on specific employer policies or collective agreements.
Employees who have worked for their employer for one year are entitled to 15 days of paid annual leave. For each additional two years of service beyond the first year, employees earn an additional one day of leave.
The requirement for giving notice before taking annual leave can vary depending on company policy. Employees are generally advised to provide notice as early as possible to facilitate scheduling.
Employees must get approval from their employer to use their annual leave. The approval process is subject to the employer's discretion and may be based on business needs.
The law specifies the accrual rate of annual leave, and no additional quota is mandated beyond what is described. However, employers may offer more generous leave policies at their discretion.
Annual leave accrues each year on the anniversary of the employee's start date. The accrual is based on the length of service as specified in the employment regulations.
Employees are allowed to carry over unused annual leave to the next year, but there is typically a limit on how much leave can be carried over, which is determined by company policy.
When an employment relationship ends, employees are entitled to a payout for their accrued but unused annual leave. This payout is calculated based on the employee's current rate of pay.
End of year payout for unused annual leave is not commonly practiced in Korea. Instead, carry over rules apply as per company policy.
Companies may have their own additional rules regarding annual leave, which can provide either more restrictive or more generous terms compared to the statutory requirements.
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