Parental Leave in Korea 2026: Duration, Pay & Return-to-Work Rights – Complete Guide for Foreign Workers

Check What Has Changed in 2026 First

Parental leave (육아휴직) is a statutory leave available to workers with children aged 8 or under, or in the second grade of elementary school or below, under Article 19 of the Act on Equal Employment and Support for Work-Family Balance (남녀고용평등과 일·가정 양립 지원에 관한 법률 제19조). In 2026, the new short-term parental leave system has been introduced, broadening the options available to workers.

Note for foreign workers: The statutory entitlements described below are the legal minimum. Your employment contract or collective agreement may provide more favorable terms, but cannot fall below these standards.

Short-Term Parental Leave: Effective August 20, 2026

Short-term parental leave, designed for urgent childcare gaps, takes effect on August 20, 2026. Eligible reasons include closure or suspension of the child's school or institution, school vacations, the child's hospitalization due to illness, and quarantine due to infectious disease.

• Unit of use: 1-week units
• Maximum duration: Once per year, up to 2 weeks
• Allowance: Parental leave allowance (육아휴직급여) can be received in 1-week units if requirements are met, including at least 180 days of insured unit period
• Important: The period used is deducted from the existing parental leave entitlement (1 year or 1 year 6 months)

This gives workers an option to handle sudden school closures or a child's hospitalization without exhausting their annual leave.

Parental Leave Allowance: Key Rules You Must Follow

Check the Application Deadline

Parental leave allowance must be applied for within the deadline set by the Employment Insurance Act (고용보험법).

Pay Attention to Ordinary Wage Calculation

The Supreme Court ruled that bonuses and similar payments qualify as ordinary wages (통상임금), but points on a customized welfare card do not (2015두48976). It is advisable to confirm in advance which items are included in the ordinary wage used as the basis for calculating parental leave allowance.

Post-Return Disadvantages Are Prohibited by Law

Article 19, Paragraph 4 of the Equal Employment Act (남녀고용평등법 제19조 제4항) explicitly requires employers to reinstate workers after parental leave to the same duties as before the leave, or to a position paying the same level of wages. In a case where a worker was reassigned from "selected manager" to "sales representative" after parental leave (2017두76005), the Supreme Court ruled that there must be no socially significant difference in title, authority, or responsibility, and that even if a different role is assigned, there must be no actual disadvantage — and remanded the case for retrial.

If you experience demotion, a pay cut, or exclusion from core duties after returning, you may contest this as an unfair personnel action (부당인사).

Annual Leave Calculation: Additional Parental Leave Also Counts as Days Worked

Under Article 60, Paragraph 6, Item 3 of the Labor Standards Act (근로기준법 제60조 제6항 제3호), the period of parental leave is counted as days worked when calculating annual paid leave (연차유급휴가). The additional parental leave of up to 6 months newly recognized after the amended Equal Employment Act took effect on February 23, 2025 is treated the same way. Even if you have a history of taking parental leave in the past, the additional parental leave period can still be recognized as days worked.

Check Instantly at Workbear

If you want to know whether you can receive unemployment benefits (실업급여) during parental leave, try the unemployment benefit eligibility checker at Workbear (workbear.kr). You can also quickly check pay changes before and after parental leave, and calculate severance pay (퇴직금) using the various calculators available. If you suspect unfair treatment after returning to work, the AI search and complaint drafting features may also be helpful.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.