Can Fixed-Term Workers Take Parental Leave in Korea? Conditions, Duration & Pay Explained

Can Fixed-Term Workers Take Parental Leave?

Many people assume that being on a fixed-term contract means parental leave is out of reach. The law says otherwise. 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") requires employers to grant parental leave (육아휴직) when a worker applies in order to care for a child aged 8 or under, or in the second grade of elementary school or below. The law makes no distinction between permanent and fixed-term workers.

Key Eligibility Requirements for Fixed-Term Workers

Fixed-term workers must meet two requirements to use parental leave.

① At least 6 months of continuous service at the same workplace

The Enforcement Decree of the Equal Employment Act allows employers to refuse parental leave for workers who have been continuously employed for less than 6 months. If you have not yet completed 6 months of service, your employer may legally decline the request.

② At least 180 insured unit days under Employment Insurance to receive the parental leave allowance

Parental leave itself is a statutory right, but to receive the parental leave allowance (육아휴직급여) paid through Employment Insurance, you must have accumulated a total insured unit period of at least 180 days before the start date of your parental leave (Article 70 of the Employment Insurance Act / 고용보험법 제70조). Periods accumulated across multiple employers are combined.

Note: Your employment contract may set terms that differ from these statutory minimums; always check your contract alongside the law.

What Happens to Parental Leave During a Fixed-Term Contract?

The biggest concern for fixed-term workers is what happens if the contract ends while they are on leave.

• Applying for parental leave before contract expiry: The employer cannot refuse without justifiable cause. Refusing to renew a contract because the worker took parental leave is a violation of the Equal Employment Act and may result in a fine of up to 500,000 won.
• Contract expiry during parental leave: If the contract period legitimately ends, the employment relationship terminates. In this case, the parental leave allowance for the remaining leave period will no longer be paid.
• Non-renewal after contract expiry: This constitutes an involuntary separation, so you may apply for unemployment benefits (실업급여) if you meet the eligibility requirements.

Parental Leave Allowance Amount

Parental leave allowance is paid at 80% of ordinary wages, subject to an upper and lower cap. The same standard applies to both permanent and fixed-term workers. Note that 25% of the allowance is paid retroactively six months after returning to work. If your contract expires and you are unable to return, you may not receive that deferred portion — confirm this in advance.

Practical Checklist

1. Written application: Parental leave must be applied for in writing at least 30 days before the start date.
2. Employment Insurance claim: Beginning one month after the start of parental leave, apply for the allowance each month through the Employment Insurance website (고용보험 홈페이지).
3. Check your contract: Knowing your contract renewal conditions and expiry date in advance helps you plan the timing of your leave.

If you want to check whether you qualify for unemployment benefits after your contract expires, try the unemployment benefit eligibility checker at workbear.kr (재주넘는곰). Enter your Employment Insurance coverage period and reason for separation to get a quick assessment. If you have concerns about your contract terms, the AI contract review feature is also available.

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