Parental Leave in Korea 2026: Full Guide from Basic 1 Year to Short-Term Leave

How Much Parental Leave Can You Take?

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. It is based on 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), and an employer cannot refuse a request without justifiable reason.

Note for foreign workers: The statutory entitlements described below are the legal minimum. Check your employment contract, as some workplaces may offer more favorable terms.

Basic Period: Up to 1 Year per Child

The basic parental leave entitlement is 1 year per child. Because each parent may apply individually, if both spouses are workers they may each take up to 1 year for the same child.

Extended Special Case: Up to 1 Year and 6 Months

If certain conditions are met, the parental leave period is extended to up to 1 year and 6 months. Under the amended Equal Employment Act that took effect on February 23, 2025, when both parents each use 3 months or more of parental leave, each parent may take an additional maximum of 6 months. This additional parental leave period is counted as days worked when calculating annual paid leave (연차유급휴가) pursuant to Article 60, Paragraph 6, Item 3 of the Labor Standards Act (근로기준법 제60조 제6항 제3호). A Ministry of Employment and Labor administrative interpretation (July 15, 2026) confirmed that workers who had already used parental leave before the amended law took effect are also entitled to the same days-worked credit for any additional parental leave newly applied for after the amendment's effective date.

New from August 2026: Short-Term Parental Leave

A short-term parental leave (단기 육아휴직) scheme takes effect on August 20, 2026. It can be used when an urgent childcare gap arises due to daycare center or school closures, school vacations, a child's hospitalization due to illness, or quarantine due to an infectious disease. The minimum unit of use is 1 week, and it may be used up to a maximum of 2 weeks per year (once per year). However, the period used is deducted from the existing parental leave entitlement (1 year or 1 year and 6 months), so the overall remaining balance must be kept in mind. Workers who meet the eligibility requirements—including at least 180 days of insured unit period—may also receive parental leave benefits (육아휴직급여).

Parental Leave Benefits: Mind the Application Deadline

Parental leave benefits must be applied for within 12 months of the end of parental leave, pursuant to Article 70, Paragraph 2 of the Employment Insurance Act (고용보험법 제70조 제2항). The Supreme Court has held this period to be a mandatory provision, meaning benefits cannot be received once the deadline has passed (Supreme Court 2018두47264). However, where parental leave is used in two split periods and the first period was less than 30 days so that the benefit eligibility requirement had not yet been met, a court has ruled that the exclusion period does not begin to run (Seoul Administrative Court 2026구합50114). When using parental leave in split periods, it is safest to confirm the application deadline for each individual period separately.

Return to Work During Parental Leave and Maternity Leave

Where another child's birth is expected during an ongoing parental leave, the Supreme Court has held that the grounds for parental leave are extinguished, and the employer must simultaneously issue a return-to-work order and grant maternity leave (Supreme Court 2012두4852). Keep this in mind if you plan to use parental leave and maternity leave consecutively.

Practical Checklist

• A parental leave request must be submitted in writing to the employer at least 30 days before the start date (Equal Employment Act, Article 19, Paragraph 2 (제19조 제2항)).
• Parental leave benefit claims may be submitted to the Employment Center monthly or in a lump sum after the leave ends.
• Short-term parental leave is deducted from the existing parental leave entitlement, so calculate your remaining balance in advance.

If you want to check whether you are eligible for parental leave benefits, use the unemployment/parental leave benefit eligibility checker at workbear.kr (재주넘는곰). You can quickly verify your insured period, estimated benefit amount, and more.

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