Origins
The International Labour Organization's first-year Maternity Protection Convention of 1919 set 12 weeks of leave as an international standard, later raised to at least 14 weeks in 2000. Korea's 1953 Labor Standards Act granted 60 days of paid leave; a 2001 reform extended it to 90 days with employment insurance covering the extra 30. Splitting was allowed in 2012, multiples got 120 days in 2014, and preterm births 100 days from 23 February 2025.
Length and pay
The 90 days must leave at least 45 after birth (60 for multiples). Dismissal is banned during leave and for 30 days afterwards, and the worker returns to the same or equivalent job. Leave pays 100% of ordinary wages: employment insurance covers the whole period at priority-support (mostly smaller) firms, while large firms pay the first 60 days. The 2026 insurance cap is KRW 6.6 million for 90 days. Workers need 180 insured days and must claim within 12 months after leave ends.
Partners and what comes next
- Paternity leave: 20 paid days within 120 days of birth, splittable up to three times (2025 reform).
- Research links moderate paid leave to higher female employment (Ruhm, 1998) and better infant health (Rossin, 2011), but the long-run "child penalty" in women's earnings persists (Kleven et al., 2019).
- Many parents continue with parental leave.
FAQ
- When do I claim the benefit?
- Within 12 months after your leave ends, through an employment center or online.
- Can fixed-term workers take it?
- Yes; employment insurance benefits depend on insured days.
Sources reviewed: 2026-11-09
References
- 근로기준법 제74조(임산부의 보호). Labor Standards Act article on maternity leave length, postnatal minimum, splitting and job return.
- 고용노동부고시 제2025-124호. (2025). 출산전후휴가 급여등 상한액 고시 (2026. 1. 1. 시행). Ministry notice setting 2026 caps on maternity and paternity leave benefits.
- 고용노동부. (2026. 9. 17.). 출산전후휴가 급여등 상한액 고시 (고용노동부고시 제2026-67호). Updated 2026 ministry notice on leave-benefit caps.
- 한국민족문화대백과사전. (2022). 출산휴가. Encyclopedia entry tracing Korea's maternity leave from 60 days in 1953 to today.
- Ruhm, C. J. (1998). The economic consequences of parental leave mandates: Lessons from Europe. The Quarterly Journal of Economics, 113(1), 285–317. European evidence that paid leave raises women's employment, while very long leave may lower relative wages.
- Rossin, M. (2011). The effects of maternity leave on children's birth and infant health outcomes in the United States. Journal of Health Economics, 30(2), 221–239. Finds U.S. maternity leave under the FMLA improved birth weight and infant health.
- Kleven, H., Landais, C., & Søgaard, J. E. (2019). Children and gender inequality: Evidence from Denmark. American Economic Journal: Applied Economics, 11(4), 181–209. Documents the long-run child penalty in women's earnings after a first birth.