Do You Earn Annual Leave During a Probation Period? 2026 Complete Guide for Foreign Workers in Korea

Does Annual Leave Accrue During a Probation Period?

One of the most common questions from workers going through a probation period (수습기간) is: "Do I earn monthly leave (월차) while on probation?" The short answer is yes, you do. The Labor Standards Act (근로기준법) does not list probationary status as a condition that affects annual leave accrual.

Legal Basis: Article 60 of the Labor Standards Act (근로기준법 제60조)

Article 60, Paragraph 2 of the Labor Standards Act (근로기준법 제60조 제2항) states: "An employer shall grant one day of paid leave for each month of perfect attendance to a worker who has been continuously employed for less than one year, or to a worker whose attendance rate over one year is less than 80%." Workers on probation are naturally included in the category of "workers employed for less than one year." The Ministry of Employment and Labor's administrative interpretation (근로기준정책과-2855, 2016) also recognizes annual leave that accrues during a probation period.

Conditions for Earning Monthly Leave During Probation

Two conditions must be met for monthly leave (annual leave for workers employed less than one year) to accrue:

① Scheduled weekly working hours of 15 hours or more
Workers whose scheduled hours are fewer than 15 hours per week are exempt from the annual leave provisions under Article 18 of the Labor Standards Act (근로기준법 제18조). Even during probation, you must work 15 hours or more per week to be entitled to monthly leave.

② Perfect attendance on all scheduled working days in the given month
You must have no absences throughout the month; one day of annual leave is then granted at the start of the following month. Being late or leaving early does not count as an absence and therefore does not affect the perfect-attendance requirement (see Supreme Court Decision 2013Da4969).

How Many Days of Annual Leave for a 3-Month Probation?

For example, if you join on 1 April 2026 and complete a 3-month probation period through 30 June 2026, you earn a maximum of 3 days of annual leave — 1 day each for perfect attendance in April, May, and June. These days can be used as soon as they accrue. A company's refusal to allow you to use annual leave on the grounds that you are still on probation is a violation of the law.

How Does Probation-Period Annual Leave Connect to the 15 Days Granted After One Year?

Monthly leave earned during the first year of employment (up to a maximum of 11 days) is deducted from the 15 days of annual leave (연차유급휴가) granted upon completion of one year of service, under Article 60, Paragraph 5 of the Labor Standards Act (근로기준법 제60조 제5항). In other words, if you used 3 days of monthly leave during your probation, your first-year entitlement remains 15 days, but the 3 days already used are subtracted, leaving 12 days remaining. However, if you did not use any of your monthly leave during the first year, you may claim an unused annual leave allowance (연차수당) for those days.

Note: Your employment contract may specify terms that differ from the statutory minimum, but the statutory minimum under the Labor Standards Act always applies.

What If the Company Refuses to Allow You to Use Annual Leave?

Blocking the use of annual leave on the grounds of probationary status is a violation of Article 60 of the Labor Standards Act (근로기준법 제60조). In that case, you may take the following steps:

1. Document your leave request — send a written request by registered mail, text message, or email and keep a record.
2. File a complaint with the competent Regional Employment and Labor Office — available online through the Ministry of Employment and Labor's Civil Affairs Portal (고용노동부 민원마당).
3. Claim unused annual leave allowance upon resignation — if the allowance is not paid within 14 days of your resignation date, a delay interest rate of 20% per year applies under Article 17 of the Enforcement Decree of the Labor Standards Act (근로기준법 시행령 제17조).

Example: Calculating Annual Leave Allowance Based on the 2026 Minimum Wage

The 2026 minimum wage is 10,320 won per hour. For an 8-hour workday, the minimum daily annual leave allowance is 82,560 won (10,320 won × 8 hours). If your actual ordinary wage (통상임금) is higher than the minimum wage, the calculation must be based on that higher amount.

To find out exactly how many annual leave days you have accrued during your probation period, try the annual leave calculator at Workbear (workbear.kr). Enter your start date and attendance record to instantly check your accrued and remaining leave. If you are facing a refusal to grant leave or non-payment of leave allowances, the site also offers an AI labor-law search function and a complaint-drafting tool.

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