Legislative Trends in Acts Related to Childcare Support and Wage Payment Delays

Amendments to three childcare-related laws, the Equal Employment Opportunity Act, the Employment Insurance Act and the Labor Standards Act (the “LSA”) (collectively referred to as the “Amendments”), which are aimed at strengthening parental co-care and promoting work-life-family balance, were passed at the plenary session of the National Assembly on September 26, 2024 and enacted on October 22, 2024.

The Amendments were proposed in order to address the serious low birth rate issue and to effectively strengthen the work-life-family balance in Korea. These Amendments relate directly to employees’ working conditions, including leave of absence, annual leave and working hours, which are of great concern to them. Therefore, companies will need to prepare in advance by ensuring compliance with these matters and reviewing relevant regulations.

These Amendments focus on extending the period of maternity leave, reducing working hours for childcare and extending the period of childcare leave of absence for working couples.

The following table summarizes the key details of the Amendments.

Item

Key Details

Childcare Leave of Absence

Classification	Current	Amendment
Period	Up to 1 year	Up to 18 months (for each parent using at least 3 months of leave / a single parent / parents of a child with a severe disability)
Use	Up to 3 separate periods	Up to 4 separate periods

Paternity Leave

Classification	Current	Amendment
Period	10 days	20 days
Government Support	5 days (small and medium-sized enterprises (“SMEs”))	20 days (SMEs)
Use	Up to 2 separate periods	Up to 4 separate periods
Deadline	Request within 90 days of childbirth	Use within 120 days of childbirth

Reduction of
Working Hours
During Childcare Period

Classification	Current	Amendment
Subject to Age of Child	8 years of age or younger	12 years of age or younger (6^th grade in elementary school)
Period	Up to 2 years (1 year + unused period of childcare leave of absence)	Up to 3 years (1 year + unused period of childcare leave of absence x 2)
Use (Minimum Period Per Use)	At least 3 months	At least 1 month
Calculation of Annual Leave	Excluded	Included

If an employee does not take childcare leave of absence, the period for a reduction of working hours will be extended from 24 months to 36 months (3 years).

Reduction of
Working Hours
During Pregnancy

Classification	Current	Amendment
Use	Within the first 12 weeks or after 36 weeks	Within the first 12 weeks or after 32 weeks (note: for a high-risk pregnancy (e.g., premature labor or having twins or more), the entire pregnancy period with a doctor’s certificate)
Calculation of Annual Leave	Excluded	Included

Calculation of Annual Leave

The childcare leave of absence period has been recognized as attendance at work and included in the calculation of annual leave in accordance with the LSA, while the hours representing reduced working hours for childcare and during one’s pregnancy are calculated only in proportion to the hours worked. However, under the Amendments, the reduced working hours during childcare and the pregnancy will also be included in the calculation of annual leave.

Maternity Leave (For Premature Births Requiring Neonatal Intensive Care)

Classification	Current	Amendment
Period	90 days	100 days

Subfertility Treatment Leave

Classification	Current	Amendment
Period	3 days per year (including 1 paid leave day)	6 days per year (including 2 paid leave days)
Government Support	Not applicable	SMEs
Confidentiality	Not applicable	Applicable

Addenda Deleted

These Amendments will exclude the related addenda following their enforcement.

Employees who took childcare leave of absence and reduced working hours for childcare and used the entire 1-year period before October 1, 2019, will also be eligible for benefits under the expanded systems.

Effective Dates

These Amendments were enacted on October 22, 2024, and are expected to take effect 4 months after their promulgation, on February 23, 2025.

However, the improvements regarding the calculation of annual leave in case of a reduction in working hours for childcare or during pregnancy, as well as the employer’s obligation to keep confidential information about subfertility treatment leave, have been effective from October 22, 2024, the date of promulgation.

In order to create a work-life-family balance, the regulations related to childcare are undergoing changes on an annual basis. Notably, these Amendments are set to bring about significant changes to the childcare support system, making it essential for both employers and employees to thoroughly understand such legislative trends.

[Korean Version]

Share

Professionals

Professionals