Sick Leave in Korea: Is It Mandatory Under Labor Law?
- Date2025/03/26 10:51
- Read 8
When drafting Rules of Employment (취업규칙) for your Korea office, one of the most frequently asked questions from global HR teams is:
Are we required to include a sick leave policy?
Are we required to include a sick leave policy?
Here’s what you need to know from a legal and practical standpoint.
Legal Nature of Sick Leave in Korea
Under Korean labor law, leave entitlements fall into two broad categories:
Under Korean labor law, leave entitlements fall into two broad categories:
- Statutory leave, which must be granted under the Labor Standards Act (e.g., annual paid leave, maternity leave), and
- Agreed leave, which is either voluntarily granted by the employer at its discretion or agreed upon through labor-management consultation.
Sick leave is not a statutory entitlement in Korea.
This means employers are not legally required to provide it unless they choose to do so, either unilaterally or through agreement with employees.
Is a Sick Leave Policy Mandatory in the Rules of Employment?
Since sick leave is not mandatory under Korean law, it is not a required clause in the Rules of Employment.
Since sick leave is not mandatory under Korean law, it is not a required clause in the Rules of Employment.
Even the 2023 Standard Rules of Employment published by the Ministry of Employment and Labor do not list sick leave as a compulsory provision. It is treated as optional and subject to company policy.
So, Should You Include It?
If your company does not provide sick leave, you are not required to include it in your internal policies.
If your company does not provide sick leave, you are not required to include it in your internal policies.
However, in practice, many Korean employees assume that some form of sick leave will be available, especially in larger organizations or companies with global practices.
If you do plan to provide sick leave, even on an unpaid basis, it is strongly recommended to clearly define the following.
- Whether it is paid or unpaid
- How it is counted (e.g., as an excused absence or not)
- The application and approval process
This can help prevent disputes and ensure consistent handling when an employee requests time off due to illness.
Key Takeaway
Sick leave is not mandatory under Korean labor law. If you choose not to provide it, you do not need to include it in the Rules of Employment.
If you do provide it, make sure the policy is clear to avoid future conflicts.
Sick leave is not mandatory under Korean labor law. If you choose not to provide it, you do not need to include it in the Rules of Employment.
If you do provide it, make sure the policy is clear to avoid future conflicts.
To learn more about how to draft or review your Rules of Employment in compliance with Korean labor law, or to inquire about other services we provide, please email us at saero@saerolabor.com to request our firm profile or schedule a brief introductory call.