Labor Standard Act
Article 74 (Protection of Pregnant Women and Nursing Mothers)(1) An employer shall grant a pregnant woman a total of a 90-day maternity leave (120-day maternity leave, if she is pregnant with at least two children at a time) before and after childbirth. In such cases, at least 45 days (60 days, if she is pregnant with two or more children at a time) of the leave period after childbirth shall be allowed. <Amended by Act No. 11270, Feb. 1, 2012; Act No. 12325, Jan. 21, 2014>
(4) The first 60 days (75 days, if she is pregnant with at least two children at a time) in the period of leave under paragraphs (1) through (3) shall be stipendiary: Provided, That when the leave allowances before and after childbirth, etc. have been paid under Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, the payment responsibility shall be exempted within the limit of the relevant amount.
(9) Matters necessary for the methods, procedures, etc. for requesting reduction of work hours under paragraph (7) shall be prescribed by Presidential Decree.
Article 74-2 (Permission, etc. for Time for Medical Examination of Unborn Child)(1) Where a pregnant employee claims time necessary for a periodical medical examination of pregnant women under Article 10 of the Mother and Child Health Act, an employer shall grant permission for such time.
ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR WORK-FAMILY RECONCILIATION
Article 10 (Exclusion from Childcare Leave)
An employer may, pursuant to the proviso to Article 19 (1) of the Act, may not grant childcare leave in any of the following cases:
1.A worker has offered continuous services in the business concerned for less than a year prior to the scheduled date of childcare leave (hereinafter referred to as “scheduled start date of leave”);
2.A worker’s spouse is on childcare leave for the same infant (including childcare leave provided under other Acts and subordinate statutes).
Article 11 (Application, etc. for Childcare Leave)
(1)A worker who intends to apply for childcare leave pursuant to Article 19 (1) of the Act shall submit to his/her employer an application specifying the name and date of birth of the infant to be cared for, the scheduled start date of leave, the date intended to terminate the childcare leave(hereinafter referred to as “scheduled end date of leave”), the date of application, and information on the applicant, etc., not later than 30 days prior to the scheduled start date of leave.