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Maternity leave and parental leave pay in Korea: 90 days, 60 paid days, 1 year of leave and the monthly benefit cap
Numbers checked against the official source on 2026-10-19
Under the Labor Standards Act, a pregnant employee gets 90 days of maternity leave around the birth (100 days if the baby is premature, 120 days for twins or more), and at least 45 days of it must come after the birth (60 days for twins or more). The first 60 days are paid leave (75 for twins or more). Parental leave is up to 1 year for a child aged 8 or under (or in 2nd grade of elementary school or below). Employment Insurance pays a monthly parental-leave benefit of your ordinary wage, capped at KRW 2.5 million in months 1 to 3, KRW 2.0 million in months 4 to 6, and 80% of wage capped at KRW 1.6 million from month 7, with a floor of KRW 700,000. You need 180 days of insured time before the leave. Foreign workers on E-9 or H-2 must apply for these benefits separately.
Law text read on 2026-10-19 from the National Law Information Center: Labor Standards Act "[시행 2026. 10. 8.] [법률 제21533호, 2026. 4. 7.]", Act on Equal Employment and Support for Work-Family Reconciliation "[시행 2026. 9. 18.] [법률 제21476호, 2026. 3. 17.]", Employment Insurance Act (full text of the version "[시행 2026. 9. 18.] [법률 제21473호, 2026. 3. 17.]") and its Enforcement Decree "[시행 2026. 9. 18.] [대통령령 제36588호, 2026. 8. 18.]". Not legal advice; confirm amounts with the Employment Insurance office or the Ministry of Employment and Labor.
Maternity leave: length and who pays
- Length. Labor Standards Act Article 74(1): 90 days before and after the birth; 100 days if premature; 120 days if the pregnancy is with two or more children. After the birth, at least 45 days (60 days for twins or more) must be taken. If you have a history such as miscarriage, Article 74(2) lets you split the leave before the birth, but the leave after birth must still be a continuous block of at least 45 days (60 for twins or more).
- Paid part. Article 74(4): the first 60 days (75 for twins or more) are paid. The employer is released from paying to the extent that maternity-leave benefit has been paid under the work-family balance act.
- Who pays what. The Employment Insurance Act (Article 76(1)) pays an amount equal to the ordinary wage (fixed on the day the leave starts). If your employer is a "priority support" company (우선지원 대상기업), the insurance pays the leave period. If it is not, the employer pays the first 60 days (75 for twins or more) and the insurance pays only the days beyond that, up to 30 days (40 days if premature, 45 days for twins or more). The monthly cap and floor for this benefit are set by decree (Article 76(2)); the decree says the cap is a figure the Minister announces each year, and the floor works by using the minimum hourly wage as your hourly ordinary wage if yours is lower (Enforcement Decree Article 101). We did not read the notice, so we give no cap here.
- Conditions. Article 75: at least 180 days of insured period before the leave ends, and apply within the window from 1 month after the leave starts to 12 months after it ends (for a non-priority-support company the start is counted from 60 days into the leave, or 75 for twins or more).
- Job protection. Article 74(6): after the leave the employer must return you to the same work or work with equal pay. Article 23(2) of the same Act bars dismissal during maternity leave and for 30 days afterwards, except if the business cannot continue.
Parental leave
- Right. Equal Employment Act Article 19(1): the employer must allow a request for leave to raise a child aged 8 or under, or in 2nd grade of elementary school or below, with exceptions set by decree.
- Length. Article 19(2): within 1 year. An extra up to 6 months is allowed if both parents each used at least 3 months for the same child, or the worker is a single parent as defined in the single-parent family law, or the child has a disability set by the ministry.
- Splitting. Article 19-4(1): you may split parental leave into up to 3 periods.
- Protection. Article 19(3) and (4): no dismissal or other unfavourable treatment because of the leave, no dismissal during the leave except where the business cannot continue, and you return to the same or equivalent-pay job; the leave counts toward length of service.
- Spouse leave. Article 18-2: a worker whose spouse is pregnant or gives birth gets 20 days of paid leave, which can be split into up to 3 uses; it can be taken from 50 days before the due date until 120 days after the birth.
Parental-leave benefit from Employment Insurance
Employment Insurance Act Article 70(1): the benefit is paid to an insured worker who receives at least 30 days of parental leave (or 7 days of the leave under Article 19(6)), with at least 180 days of insured period counted before the leave starts. You must apply between 1 month after the leave starts and 12 months after it ends (Article 70(2)). The monthly amount is set by Enforcement Decree Article 95(1):
| Months of leave | Amount | Upper limit | Lower limit |
|---|---|---|---|
| Months 1 to 3 | 100% of monthly ordinary wage | KRW 2,500,000 | KRW 700,000 |
| Months 4 to 6 | 100% of monthly ordinary wage | KRW 2,000,000 | KRW 700,000 |
| Month 7 to the end | 80% of monthly ordinary wage | KRW 1,600,000 | KRW 700,000 |
If the leave is split, the periods are added together (Article 95(2)). For a part month, the monthly amount is prorated by days of leave (Article 95(3)). Higher caps apply in special cases: if both parents take leave within the child's first 18 months, the monthly cap rises step by step from KRW 2.5 million, to as high as KRW 4.5 million in the sixth month (Article 95-3), and single parents have a higher cap in months 1 to 3 (KRW 3,000,000). The calculator below does not cover those cases.
Parental-leave benefit calculator
Enter your monthly ordinary wage on the first day of leave and the number of full months. It uses only the table above.
Not covered: part months, the higher caps for parents who both take leave or single parents, any tax or deductions, and whether your insured period qualifies. Your insured period and eligibility are decided by the Employment Insurance office.
Foreign workers
- Employment Insurance Act Article 10-2(1): foreign workers covered by the Act on the Employment of Foreign Workers (E-9, H-2) are covered, but the chapters that include maternity-leave and parental-leave benefits apply only if the worker applies as set by ministry ordinance. The Easy Law page says the same: automatic enrolment, with separate enrolment for unemployment benefit, parental leave and maternity leave benefits.
- For other visas (for example F-5, F-6, D-8) coverage is set by decree. See employment insurance for foreign workers for the visa table.
- The Labor Standards Act leave rights (Article 74) are written for employees without a nationality condition. The Act applies to businesses with 5 or more regular workers, and for smaller businesses only parts apply under a decree table (Article 11).
What the sources show
| Item | Source A | Source B | What we show |
|---|---|---|---|
| Employment Insurance Act version | Single-article pages on the portal for Articles 70 and 75 are labelled "[시행 2028. 1. 1.]" (a later version) | Full-text page for the version "[시행 2026. 9. 18.]" | We use the 2026-09-18 full text, which is in force today. Article 70 and Article 75 read the same in both. |
| Cap on maternity-leave benefit | Decree Article 101: a figure the Minister announces each year | Notice not read | No figure shown. |
This is a summary, not legal advice. Confirm with the Employment Insurance office or your employer's labour adviser.
Checked 2026-10-19.
Official sources
- National Law Information Center — Labor Standards Act, Article 74 — 90/100/120 days, 45/60 days after birth, first 60/75 days paid; in force 2026-10-08 (checked 2026-10-19)
- National Law Information Center — Act on Equal Employment and Support for Work-Family Reconciliation, Articles 18, 18-2, 19, 19-4 — parental leave 1 year, age 8 or grade 2, 20 days spouse leave, splitting; in force 2026-09-18 (checked 2026-10-19)
- National Law Information Center — Employment Insurance Act (full text, version in force 2026-09-18) — Articles 10-2, 70, 75, 76: 180 days, application windows, ordinary wage (checked 2026-10-19)
- National Law Information Center — Enforcement Decree of the Employment Insurance Act (full text, in force 2026-09-18) — Articles 95, 95-3, 101: monthly amounts, caps and floors (checked 2026-10-19)
- Easy to Find, Practical Law — Employment of Foreign Workers — E-9/H-2 enrolment: separate enrolment for parental and maternity benefits; no revision date printed (read on 2026-10-19) (checked 2026-10-19)
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