Navigating employee leave entitlements is a fundamental aspect of managing a workforce in South Korea. Employers must adhere to the provisions outlined in the Labor Standards Act and other relevant legislation to ensure compliance and foster positive employee relations. Understanding the various types of leave, from annual vacation to parental and sick leave, is crucial for both local and international companies operating within the country.
Compliance with South Korean labor laws regarding leave is not just a legal requirement but also plays a significant role in employee satisfaction and retention. Properly managing leave requests and entitlements ensures fair treatment and operational continuity. The following sections detail the key types of leave employees are typically entitled to in South Korea.
Annual Vacation Leave
Employees in South Korea are entitled to paid annual leave based on their length of service. The minimum entitlement increases with tenure.
- Less than one year of service: Employees accrue one day of paid leave for each month they have worked, up to a maximum of 11 days in the first year.
- One year or more of service: Employees are generally entitled to 15 days of paid annual leave after one full year of service.
- Increasing Entitlement: For every two years of continuous service beyond the first year, an additional day of paid leave is granted, up to a maximum of 25 days.
Leave must generally be taken within one year of it being accrued. Employers are required to encourage employees to use their annual leave and can designate periods for leave if employees fail to do so, provided certain procedures are followed.
Public Holidays and Observances
South Korea observes a number of national public holidays throughout the year. When a public holiday falls on a weekend (Saturday or Sunday), a substitute holiday is often granted on the following Monday, though specific rules apply depending on the holiday. Employers are generally required to provide paid time off for these national holidays.
Major public holidays typically include:
- New Year's Day
- Seollal (Lunar New Year) - typically a multi-day holiday
- Independence Movement Day
- Children's Day
- Buddha's Birthday
- Memorial Day
- Liberation Day
- Chuseok (Korean Thanksgiving) - typically a multi-day holiday
- National Foundation Day
- Hangul Day
- Christmas Day
The exact dates for holidays based on the lunar calendar (like Seollal, Buddha's Birthday, and Chuseok) vary each year.
Sick Leave Policies and Pay
Under the Labor Standards Act, there is no statutory requirement for employers to provide paid sick leave for non-work-related illnesses or injuries. However, many companies provide paid sick leave as part of their internal policies, collective bargaining agreements, or employment contracts. The terms, duration, and pay for sick leave in such cases are determined by the company's own rules.
For work-related injuries or illnesses, employees are covered by the Industrial Accident Compensation Insurance Act, which provides compensation for medical treatment and lost wages. This is distinct from general sick leave.
Parental Leave
South Korean law provides significant entitlements for parental leave, including maternity leave, paternity leave, and parental childcare leave.
- Maternity Leave: Female employees are entitled to 90 days of maternity leave for a single birth (or 120 days for multiple births). At least 45 days (or 60 days for multiple births) must be taken after childbirth. During maternity leave, the first 60 days (or 75 days for multiple births) are typically paid by the employer, and the remaining days are covered by employment insurance, subject to certain caps.
- Paternity Leave: Male employees are entitled to 10 days of paternity leave. This leave can be taken in two separate installments and must be used within 90 days of the child's birth. Paternity leave is typically paid through employment insurance, subject to certain conditions and caps.
- Parental Childcare Leave: Either parent (or both parents sequentially or concurrently, under specific conditions) is entitled to parental childcare leave to care for a child under the age of 8 or in the second grade of elementary school. The maximum duration for this leave is one year per child. During this leave, employees receive a monthly allowance from employment insurance, calculated as a percentage of their ordinary wage, up to a certain maximum amount.
Other Types of Leave
Beyond the primary categories, employees may be entitled to other types of leave depending on the circumstances and company policy.
- Bereavement Leave: While not strictly mandated by the Labor Standards Act, it is common practice and often stipulated in company rules or collective agreements to provide paid leave for the death of family members. The duration typically varies depending on the relationship to the deceased.
- Reserve Forces Training Leave: Employees who are required to participate in mandatory reserve forces training are legally entitled to time off from work for the duration of the training. Employers are prohibited from treating employees disadvantageously for taking this leave.
- Public Duty Leave: Employees are entitled to time off to perform public duties, such as voting or serving on a jury, without disadvantage.
- Menstrual Leave: Female employees are entitled to one day of unpaid menstrual leave per month upon request.
Company policies may also provide for additional types of leave, such as study leave or sabbatical leave, based on internal regulations or collective agreements.
