Parental Leave in Korea: Eligibility, Application, and Return-to-Work Rights for Foreign Workers

Who Can Take Parental Leave, and Under What Conditions?

Parental leave is provided under Article 19 of the Act on Equal Employment and Support for Work-Family Reconciliation (남녀고용평등과 일·가정 양립 지원에 관한 법률, hereinafter the "Equal Employment Act") (제19조). Any employee — regardless of gender — may take parental leave if the following conditions are met.

Note for foreign workers: Your employment contract may specify terms different from the statutory minimum, but the statutory rights below cannot be waived to your disadvantage.

1. Child's Age Requirement

Parental leave is available when raising a child who is aged 8 or under, or in Grade 2 of elementary school or below. Importantly, the age requirement is assessed as of the actual start date of the leave, not the application date. If the requirement was met when the leave began, the leave may continue through the originally scheduled end date even if the child exceeds the age threshold during the leave period (Ministry of Employment and Labor administrative interpretation, 14 July 2025).

2. Length-of-Service Requirement

Article 19(1) of the Equal Employment Act requires employers to grant an employee's parental leave request. However, under Article 19(2) of the same Act, an employer may refuse if the employee has been continuously employed for less than 6 months.

3. How and When to Apply

In principle, the employee must notify the employer at least 30 days before the intended start date of the leave (Article 19(3) of the Equal Employment Act) (제19조 제3항). The application must include the intended start and end dates of the leave, and the child's name and date of birth.

Rights You Must Know When Returning to Work

When parental leave ends, the employer must reinstate the employee to the same duties as before the leave, or to a position with equivalent pay (Article 19(4) of the Equal Employment Act) (제19조 제4항). Violating this provision may result in a fine of up to 5,000,000 won (Article 37 of the same Act) (제37조).

The Supreme Court clarified this standard in Case 2017Du76005. Whether a violation has occurred is not determined simply by a change in job title; rather, job title, authority, and responsibilities must not differ in any socially significant way, and assigning different duties must not result in any substantive disadvantage. If the employee's position is effectively lowered or authority reduced after reinstatement, there may be a legal violation.

Parental Leave Benefit Applications: Do Not Miss the Deadline

Employees enrolled in employment insurance (고용보험) may receive parental leave benefits under Article 70 of the Employment Insurance Act (고용보험법 제70조) during the leave period. Missing the application deadline is a common problem.

The Supreme Court ruled in Case 2018Du47264 that the requirement to apply within 12 months of the end of parental leave under Article 70(2) of the Employment Insurance Act (제70조 제2항) is a mandatory provision. Once the deadline passes, benefits cannot be received. It is therefore important to apply immediately after parental leave ends.

You Can Also Apply to Return to Work During Parental Leave

If another childbirth is expected while an employee is already on parental leave, the employee may apply to return to work in order to take maternity leave (출산휴가). The Supreme Court (Case 2012Du4852) held that in such cases the employer must simultaneously issue a reinstatement order and grant maternity leave. The occurrence of a new childbirth event during parental leave does not forfeit the employee's rights.

Quick Checklist

• ✅ Is the child aged 8 or under, or in Grade 2 of elementary school or below? (assessed as of the leave start date)
• ✅ Has the employee been continuously employed for 6 months or more?
• ✅ Was the application submitted at least 30 days before the intended start date?
• ✅ Has the employee been reinstated to the same duties or an equivalent-pay position after returning?
• ✅ Were parental leave benefits applied for within 12 months of the leave ending?

If you want to check your eligibility for parental leave benefits or estimate the amount, try the Workbear (workbear.kr) unemployment/parental leave benefit eligibility checker. Enter your details to quickly confirm whether you qualify.

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