Korea’s Maternity Protection Laws

By Don Southerton, KoreaLegal.org Editor

A client asked about workplace maternity leave coverage in Korea. In the US coverage can vary state to state. Some like California, include provisions for the spouse to take time off for bonding, too. Similar laws exist in Europe.

In South Korea, thee Ministry of Gender Equality was established in 2005 as an administrative agency maintaining and overseeing the social safety network under which married  and unmarried women can work without feeling discrimination.

With regard to having children, Maternity Protection Laws took effect in 2001. Women employees must be given 90 days paid maternity leave and an additional 45 days of unpaid leave; employers pay for 60 of the 90 days and the government the remaining thirty. However, this law applies just to firms covered by state employment insurance, which can leave out some. Currently there is discussion that State employment insurance protections should be extended to cover those that fall outside government coverage. Other feel the laws in general need to be strengthened, with declining birth rates a concern.

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