Do You Earn Annual Leave During a Probationary Period? Complete 2026 Guide for Foreign Workers in Korea
Annual Leave Accrues Even During a Probationary Period
Many people assume, "I'm on probation, so I have no annual leave." This is a misconception. A probationary period is still a period in which an employment relationship exists under the Labor Standards Act (근로기준법), so if the conditions for accrual are met, annual leave (연차유급휴가) accrues as a matter of course.
Legal Basis: Article 60 of the Labor Standards Act (근로기준법 제60조)
The core provision governing annual leave is Article 60 of the Labor Standards Act (근로기준법 제60조).
- Workers employed less than 1 year: 1 day of paid leave accrues for each month of perfect attendance (up to 11 days).
- Workers employed 1 year or more: 15 days accrue if the attendance rate is 80% or higher, with 1 additional day added every 2 years thereafter (up to 25 days).
Because a probationary period is typically 3 months, perfect attendance each month results in up to 3 days of annual leave. These days can be used during probation, and if the employer refuses without a legitimate reason, it may constitute interference with annual leave use.
How to Calculate Annual Leave During Probation
For example, assume you join on 1 April 2026 and complete a 3-month probation through 30 June 2026.
| Month of Perfect Attendance | Leave Accrued |
|---|---|
| April — perfect attendance | 1 day (usable from 1 May) |
| May — perfect attendance | 1 day (usable from 1 June) |
| June — perfect attendance | 1 day (usable from 1 July) |
Each day of leave becomes usable from the first day of the month following the month of perfect attendance. The Ministry of Employment and Labor's administrative interpretation (Labor Standards Policy Division–2855, 2014 / 근로기준정책과-2855, 2014) confirms that annual leave may be used starting "the day after completing one full month of attendance."
What Happens to Annual Leave When 1 Year of Employment Is Reached
When you reach 1 year of employment, 15 days of annual leave newly accrue. At that point, the number of annual leave days used during the sub-one-year period is deducted from the 15 days (Article 60, Paragraph 3 of the Labor Standards Act / 근로기준법 제60조 제3항). In other words, if you used all 3 days during probation, your first-year annual leave becomes 15 − 3 = 12 days.
This deduction rule was codified by the amendment of March 2020 to prevent double benefits.
Common Disputes Involving Annual Leave During Probation
① Employer refuses to allow annual leave during probation
An employer may only reschedule the timing of annual leave when granting it would cause serious disruption to business operations (Article 60, Paragraph 5 of the Labor Standards Act / 근로기준법 제60조 제5항). The reason "you are still on probation" has no legal basis.
② Failure to pay unused annual leave allowance upon probation failure
Failing probation also constitutes termination of the employment relationship, so any unused annual leave must be paid out as annual leave pay upon separation. Failure to do so constitutes wage theft (임금체불).
③ Work rules that exclude the probationary period from length of service
A work-rules provision that excludes the probationary period from length of service is void as a condition less favorable than Article 60 of the Labor Standards Act (Article 15 of the Labor Standards Act / 근로기준법 제15조).
Relationship with the Weekly Holiday Allowance (주휴수당)
Even during probation, if you work 15 hours or more per week, a weekly holiday allowance (주휴수당) accrues. The weekly holiday allowance is a separate system from annual leave, so be sure to track both carefully.
If you find it confusing to calculate your annual leave days during probation, try the annual leave calculator at Workbear (workbear.kr). Enter your start date and work pattern to see at a glance how much annual leave has accrued, including the probationary period.
This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.
Frequently Asked Questions
If I don't use any annual leave during my 3-month probation, can I use it all at once later?
Yes, you can. The monthly annual leave days that accrued during probation up to 3 days can still be claimed if unused. However, annual leave expires if not used within 1 year of the date it accrued Article 60, Paragraph 7 of the Labor Standards Act / 근로기준법 제60조 제7항 , so it is best to plan to use it as soon as possible after probation ends.
Does having an absence during probation reduce my annual leave?
For workers employed less than 1 year, the monthly annual leave requires 'perfect attendance' no absences for that month Article 60, Paragraph 2 of the Labor Standards Act / 근로기준법 제60조 제2항 . If you have an unexcused absence in a given month, the 1 day of annual leave for that month does not accrue. However, absences due to taking annual leave are excluded from the perfect-attendance assessment.
I used annual leave during probation but was not hired permanently — can I claim unused leave pay?
Failing probation refusal of permanent hire also constitutes termination of the employment relationship, so if any unused annual leave remains, you can claim annual leave pay 연차수당 upon separation. Whether the probation failure constitutes unfair dismissal 부당해고 is a separate matter; if needed, consider filing a remedy application with the Labor Relations Commission.