South Korea introduces family leave enhancements

South Korea is introducing several enhancements to its family leave framework in 2026. These include a new option for short-term use of childcare leave, a new partially employer-paid spousal miscarriage and stillbirth leave entitlement of five days, and an increase in employer-paid infertility treatment leave from two to four days. The changes take effect on various dates beginning 20 August 2026.

Background

The new family leave enhancements were enacted through amendments to the Equal Employment Opportunity and Work-Family Balance Assistance Act and related implementing regulations. The changes take effect on various dates from 20 August 2026 to 27 November 2026.

Key details

New option for short-term use of childcare leave

Working parents with a child under age eight or in the second grade of elementary school or below are currently entitled to take up to one year of partially government-funded childcare leave, paid from the employment insurance fund. The one year is extended by an additional six months in certain circumstances, including for single parents and parents of children with disabilities.

Childcare leave could previously only be divided into up to four instalments without the flexibility to use the leave on a short-term basis more frequently.

From 20 August 2026, employees may use a portion of their existing childcare leave entitlement in a one- or two-week block once per year per child for specified circumstances such as school closure, school holidays, hospitalization of the child due to illness or accident, or other temporary childcare needs prescribed by regulations. Time taken as short-term childcare leave is deducted from the employee's overall childcare leave entitlement and does not constitute an additional leave entitlement. However, periods of short-term childcare leave do not count toward the statutory maximum of four childcare leave instalments.

Use of childcare leave by male employees prior to childbirth

Previously, male employees could only take childcare leave after the child’s birth. From 18 September 2026, male employees may use a portion of their existing childcare leave entitlement before the child’s birth to care for a pregnant spouse at risk for miscarriage or premature birth.

Time taken is deducted from the employee's overall childcare leave entitlement and does not create an additional leave entitlement. Under the childcare leave framework, employees may divide their leave entitlement into up to four instalments. However, this use of childcare leave prior to childbirth does not count toward that limit.

Use of paternity leave prior to childbirth

Male employees are entitled to 20 days of employer-paid paternity leave when their spouse gives birth. Previously, paternity leave could only be taken within 120 days after a child’s birth. From 18 September 2026, paternity leave may be taken from 50 days before the expected due date until 120 days after the birth.

New spousal miscarriage and stillbirth leave

From 18 September 2026, male employees may claim a new entitlement of up to five days of leave following a spouse’s miscarriage or stillbirth, with the first three days paid by the employer and the remaining two days unpaid. The leave must be claimed within 20 days of the miscarriage or stillbirth.

Increase in employer-paid infertility treatment leave

Employees may currently request up to six days of infertility treatment leave per year, with only the first two days being fully paid by the employer. From 27 November 2026, the number of employer-paid days of infertility treatment leave will increase to the first four days.

Employer action: ACT

Employers should review the changes and ensure that their leave administration, payroll procedures, and HR systems are updated to reflect the family leave enhancements. Employee handbooks should be updated as appropriate to reflect the legislative changes in due course. Employers that currently provide enhanced family leave benefits should evaluate whether their existing programs remain compliant and appropriately coordinated with the updated statutory requirements.

Further Information

Equal Employment Opportunity and Work-Family Balance Assistance Act | Ministry of Government Legislation (opens a new window)

Enforcement Decree of the Equal Employment Opportunity and Work-Family Balance Assistance Act | Ministry of Government Legislation (opens a new window)

Enforcement Rules of the Equal Employment Opportunity and Work-Family Balance Assistance Act | Ministry of Government Legislation (opens a new window)