Today, we’ll cover the 5 most frequently asked questions about maternity leave and childcare leave(parental leave) in Korea. 

These answers are based on current labor laws and aim to help both employees and employers better understand their rights and responsibilities.

Q1. How long do I need to work before I can take maternity or childcare leave?

Maternity leave (90 days, or 120 days for multiple births) is available to any employee who gives birth, regardless of how long they’ve worked at the company.

 

Childcare leave can be denied only if the employee has worked at the company for less than 6 consecutive months before the start date of the leave. However, many employers still approve the leave even if the 6-month period is not met.

⚠️ Note: The eligibility requirements for government-paid benefits (like maternity leave pay or childcare leave benefits) are separate from the legal right to take leave. To receive these payments, the employee must have been covered under Korea’s Employment Insurance for at least 180 days before the leave starts or ends.

 

Q2. When should I apply for maternity or childcare leave?

There is no strict deadline for applying for maternity leave under Korean law. It is typically taken around the expected delivery date, but may start earlier if the baby is born ahead of schedule.

 

For childcare leave:

In general: Apply 30 days before your intended leave start date.

If you're pregnant and at risk of miscarriage or stillbirth: Apply 7 days before the intended start date.

 

Even if you miss the deadline, the company must allow the leave to begin within 30 days (or 7 days in special cases), or on the requested date if they approve it.

 

Q3. Can a company refuse to grant maternity or childcare leave?

No. Refusing maternity or childcare leave is illegal and can lead to criminal penalties.

Denying maternity leave: Up to 2 years of imprisonment or a fine of up to KRW 20 million.

Denying childcare leave: A fine of up to KRW 5 million.

 

Employers are legally required to respect and process leave requests in accordance with the law.

 

Q4. Do I have to take maternity leave before childcare leave? Must I use both?

There is no required order, and you are not required to take both types of leave.

Most employees take maternity leave first, then follow with childcare leave.

 

However, childcare leave can also be taken during pregnancy (e.g., in high-risk pregnancies), and you can split or postpone part of the leave as needed.

 

Q5. Will I still receive annual paid leave (vacation days) if I take maternity or childcare leave?

Yes. Under Korean labor law, both maternity and childcare leave are counted as normal working days when calculating annual paid leave (known as "연차휴가").

This means you will still earn vacation days as if you had worked during that time.

If you couldn’t use all your annual leave due to being on maternity or childcare leave, your company may still be required to pay unused leave compensation, unless they’ve made a proper effort to encourage you to use it.

💡 Tip: Some companies allow employees to use annual leave right before or after maternity/childcare leave, or extend the deadline for using it—with employee consent.

 

If you need more guidance, or if you're an HR manager handling such cases for foreign employees in Korea, feel free to reach out to our legal experts for support.

 

 

 

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