Key Takeaways Summary
Critical South Korea Leave Policy Requirements:
- Annual Leave: 15 days minimum after one year of service, scaling to maximum 25 days based on tenure
- Maternity Leave: 90-120 days paid leave with significant 2025 expansions for premature births (100 days)
- Paternity Leave: Doubled from 10 to 20 days effective February 2025, with flexible usage options
- Public Holidays: 15 recognized national holidays with substitute day provisions
- Compliance Changes: Major amendments to family care provisions and subfertility treatment leave taking effect throughout 2025
Introduction
South Korea stands as a global economic powerhouse, ranking as the world's 10th largest economy and home to leading technology companies like Samsung, LG, and Hyundai. With its highly educated workforce, advanced digital infrastructure, and strategic location serving as a gateway to Asian markets, South Korea offers compelling opportunities for international businesses. However, navigating the country's complex employment landscape requires thorough understanding of local leave policies and labor regulations.
South Korea's leave policies reflect the country's commitment to work-life balance while maintaining its competitive edge in the global marketplace. The Labor Standards Act, administered by the Ministry of Employment and Labor, establishes comprehensive frameworks for annual leave, family care provisions, and statutory holidays that have evolved significantly with recent amendments taking effect in 2025.
Understanding these intricate leave requirements isn't just about legal compliance---it's essential for attracting top Korean talent, maintaining positive employee relations, and avoiding costly labor disputes. This comprehensive guide provides detailed analysis of all mandatory leave types, recent regulatory changes, and practical implementation strategies to ensure your business operates seamlessly within South Korea's regulatory environment.
Legal Framework Overview
South Korea's employment relationship framework operates under multiple interconnected laws that have undergone substantial modernization. The Labor Standards Act serves as the primary legislation governing working conditions, wages, working hours, and leave entitlements for all businesses employing five or more workers. Additionally, the Act on Equal Employment and Support for Work-Family Reconciliation provides enhanced protections for parental and family care leave.
The Ministry of Employment and Labor maintains comprehensive oversight of all employment practices and regularly updates regulations to reflect changing social needs and international best practices. Recent amendments effective from February 23, 2025, demonstrate South Korea's commitment to strengthening family support systems and workplace flexibility.
Enforcement mechanisms include regular labor inspections, with the government significantly increasing inspector numbers from 1,450 in 2017 to over 2,290 by 2020. Violations can result in substantial penalties, corrective orders, and potential criminal liability for habitual wage payment delays. The current minimum wage stands at KRW 10,030 per hour for 2025, reflecting a 1.7% increase from the previous year.
Essential Government Resources:
Mandatory Leave Types
Annual Leave Entitlements
South Korea's annual leave system operates on a sophisticated tenure and attendance-based calculation that differs significantly from many international models. The system rewards long-term employment while ensuring immediate access to paid time off for all workers.
| Employment Duration |
Annual Leave Days |
Accrual Method |
Carry-over Rules |
| Less than 1 year |
1 day per month worked |
Monthly accrual (80%+ attendance required) |
N/A |
| 1-2 years |
15 days |
Granted after first year completion |
Use-it-or-lose-it unless company policy allows |
| 3-4 years |
16 days |
Base 15 + 1 additional day |
Same as above |
| 5-6 years |
17 days |
Base 15 + 2 additional days |
Same as above |
| 7-8 years |
18 days |
Base 15 + 3 additional days |
Same as above |
| 21+ years |
25 days (maximum) |
Base 15 + 10 additional days |
Same as above |
Table 1: Annual Leave Entitlements
Employees working less than 15 hours per week are excluded from annual leave entitlements. The attendance requirement mandates employees maintain at least 80% attendance rates to qualify for full annual leave benefits. Employers must provide written notice six months before unused leave expires, encouraging employees to utilize their entitlements.
Parental Leave Provisions
South Korea's parental leave framework has undergone substantial expansion in 2025, reflecting growing recognition of family care responsibilities and work-life balance needs.
| Leave Type |
Duration |
Eligibility |
Payment Rate |
Required Notice |
| Maternity Leave (Standard) |
90 days |
All female employees |
100% salary (first 60 days employer-paid, remaining 30 days government-paid up to KRW 2.1M monthly cap) |
As soon as pregnancy confirmed |
| Maternity Leave (Multiple/Complicated Birth) |
120 days |
Employees with twins/complications |
100% salary (first 75 days employer-paid, remaining 45 days government-paid) |
Medical certification required |
| Maternity Leave (Premature Birth) |
100 days (effective Feb 2025) |
Employees with premature births |
Enhanced government support for additional 10 days |
Medical documentation required |
| Paternity Leave |
20 days (doubled from 10 days in Feb 2025) |
All male employees with newborns |
Government wage subsidies up to KRW 1.6M for full period |
Within 120 days of birth (extended from 90 days) |
| Childcare Leave |
12-18 months (extended in 2025) |
Parents with children under 8 years |
Government-funded graduated payments: KRW 2.5M (months 1-3), KRW 2M (months 4-6), KRW 1.6M (months 7+) |
30 days advance notice |
Table 2: Parental Leave Summary
The 2025 amendments introduce significant flexibility improvements, allowing paternity leave to be divided into up to three installments instead of one continuous period. Single parents and families with disabled children qualify for extended 18-month childcare leave provisions.
Public Holiday Framework
South Korea recognizes 15 public holidays annually, with sophisticated substitute day provisions ensuring workers receive guaranteed time off regardless of calendar alignment.
| Holiday Name |
Date |
Substitution Rules |
Payment Requirements |
| New Year's Day |
January 1 |
If weekend, observed following Monday |
Full pay required for all employees |
| Lunar New Year (Seollal) |
Lunar calendar (3 days) |
Extended Monday if falls Sunday |
Full pay for 3-day period |
| Independence Movement Day |
March 1 |
Substitute day if weekend (effective Aug 2021) |
Full pay mandatory |
| Buddha's Birthday |
Lunar calendar |
Substitute day if weekend (effective Mar 2023) |
Full pay required |
| Children's Day |
May 5 |
Extended Monday if Sunday |
Full pay mandatory |
| Labor Day |
May 1 |
Weekend substitution varies by company policy |
Full pay where recognized |
| Memorial Day |
June 6 |
Half-staff observance, substitute provisions |
Full pay required |
| Liberation Day |
August 15 |
Substitute day if weekend |
Full pay mandatory |
| Chuseok (Harvest Festival) |
Lunar calendar (3 days) |
Extended Monday if falls Sunday |
Full pay for 3-day period |
| National Foundation Day |
October 3 |
Substitute day if weekend |
Full pay required |
| Hangeul Day |
October 9 |
Substitute day if weekend |
Full pay mandatory |
| Christmas Day |
December 25 |
Substitute day if weekend (effective Mar 2023) |
Full pay required |
Table 3: Public Holiday Overview
The substitute holiday system ensures workers receive actual time off when holidays fall on weekends, with implementation dates varying based on company size. Companies with 300+ employees implemented these provisions in 2020, while smaller businesses had staggered compliance deadlines through 2022.
Additional Leave Categories
Beyond core annual and parental leave, South Korean law mandates several specialized leave types addressing specific life circumstances and medical needs.
| Leave Type |
Duration |
Conditions |
Documentation Required |
| Subfertility Treatment Leave |
6 days per year (increased from 3 days, effective Feb 2025) |
First 2 days paid by employer |
Medical certification and treatment schedule |
| Miscarriage/Stillbirth Leave |
10 days (increased from 5 days for pregnancies under 15 weeks, effective Feb 2025) |
Pregnancy loss within first 15 weeks |
Medical documentation of pregnancy loss |
| Family Care Leave |
90 days per year |
Care for family members due to illness, injury, or old age |
Medical certification of family member's condition |
| Menstrual Leave |
1 day per month |
Available to all female employees |
Employee self-declaration (typically unpaid) |
| Reduced Working Hours (Pregnancy) |
2 hours daily reduction |
Extended from 32 weeks (previously 36 weeks, effective Feb 2025) |
Medical recommendation |
| Reduced Working Hours (Childcare) |
Various periods up to 3 years total |
Children under 12 years (extended from 8 years in 2025) |
Childcare documentation |
Table 4: Additional Leave Types
The 2025 amendments significantly strengthen family support provisions, with enhanced confidentiality requirements for subfertility treatment and expanded flexibility for working parents. Employers must maintain strict confidentiality regarding all medical-related leave applications.
Industry-Specific Variations
While the Labor Standards Act provides universal minimum standards, certain industries maintain additional requirements or variations based on operational needs and collective bargaining agreements.
| Industry Sector |
Special Provisions |
Additional Benefits |
Regulatory Authority |
| Manufacturing |
Extended overtime provisions during peak seasons |
Additional safety-related leave for hazardous work |
Ministry of Employment and Labor |
| Healthcare |
Mandatory rest periods for night shift workers |
Enhanced medical leave provisions |
Korea Disease Control and Prevention Agency |
| Education |
Academic calendar alignment for leave scheduling |
Summer/winter break coordination |
Ministry of Education |
| Financial Services |
Compliance-related training leave |
Enhanced maternity support programs |
Financial Supervisory Service |
| Technology/IT |
Flexible working hour arrangements |
Sabbatical leave programs (voluntary) |
Ministry of Science and ICT |
| Hospitality/Tourism |
Seasonal adjustment provisions |
Cultural holiday observance flexibility |
Korea Tourism Organization |
Table 5: Industry-Specific Requirements
Industry variations typically enhance rather than reduce statutory minimums, with collective bargaining agreements often providing superior benefits in unionized sectors. International companies should review sector-specific practices when developing leave policies.
Compliance Requirements
Navigating South Korea's leave policy compliance requires systematic attention to documentation, timing, and procedural requirements that have become increasingly stringent with recent regulatory changes.
| Requirement |
Timeline |
Documentation |
Penalties for Non-Compliance |
| Annual Leave Record-Keeping |
Maintained for 3 years |
Individual employee leave balances, usage tracking |
KRW 5M fine, corrective orders |
| Leave Request Processing |
Within 5 business days |
Written approval/denial with reasoning |
Labor inspection potential |
| Parental Leave Notification |
30 days advance notice (employee); immediate processing (employer) |
Medical certificates, birth certificates |
KRW 10M fine, discriminatory practice charges |
| Holiday Pay Distribution |
By regular payroll date |
Pay stub documentation of holiday compensation |
Interest penalties at 20% annually |
| Medical Leave Documentation |
Within 10 days of return |
Certified medical documentation |
Potential discrimination claims |
| Government Reporting (Family Leave) |
Quarterly submissions |
Employment Insurance System reporting |
Administrative penalties, audit triggers |
Table 6: Compliance Checklist
Recent amendments impose 20% annual interest on delayed wage payments, extending beyond just terminated employees to cover current workers starting October 2025. The Ministry of Employment and Labor has substantially increased inspection frequency, with particular focus on companies with histories of wage payment delays.
Critical Government Resources:
Best Practices for Employers
Successful leave policy implementation requires proactive management strategies that exceed minimum compliance requirements while supporting business operations and employee satisfaction.
Key Implementation Essentials:
- Automated Leave Management Systems: Implement digital platforms tracking leave balances, approvals, and compliance deadlines to avoid manual errors and ensure accurate record-keeping
- Supervisory Training Programs: Conduct regular training for managers on leave approval processes, documentation requirements, and anti-discrimination provisions to prevent costly violations
- Clear Communication Protocols: Establish transparent leave request procedures with defined approval timelines and escalation processes to maintain operational continuity
- Integration with Payroll Systems: Ensure seamless coordination between leave tracking and compensation systems to prevent payment delays and compliance issues
- Regular Policy Updates: Monitor regulatory changes and adjust internal policies promptly to reflect new requirements, particularly given the significant 2025 amendments
Most common employer mistakes include failing to provide required six-month advance notice for unused annual leave, inadequate documentation of medical leave approvals, and misunderstanding the attendance requirements for annual leave qualification. Essential documentation requirements encompass individual leave balance tracking, medical certifications for family-related leave, and quarterly government reporting for family leave utilization.
Recent Changes and Future Outlook
South Korea's leave policy landscape continues evolving rapidly, with the most significant changes taking effect February 23, 2025, fundamentally reshaping family support provisions and workplace flexibility.
| Change Description |
Effective Date |
Impact on Employers |
Required Actions |
| Paternity Leave Extension |
February 23, 2025 |
Doubled leave duration (10→20 days), extended usage window (90→120 days) |
Update leave policies, budget planning for extended absences |
| Subfertility Treatment Leave Expansion |
February 23, 2025 |
Increased duration (3→6 days), enhanced employer payment obligations |
Establish confidential request procedures, revise medical leave policies |
| Miscarriage/Stillbirth Leave Extension |
February 23, 2025 |
Extended duration (5→10 days) for early pregnancy loss |
Update medical leave documentation, enhance sensitivity training |
| Childcare Leave Flexibility |
February 23, 2025 |
Extended age eligibility (8→12 years), 18-month maximum for specific circumstances |
Revise childcare support policies, coordinate with reduced working hours |
| Pregnancy Working Hours Extension |
February 23, 2025 |
Expanded reduced hours eligibility (36→32 weeks gestation) |
Adjust scheduling systems, train supervisors on accommodation procedures |
| Wage Delay Interest Expansion |
October 23, 2025 |
20% annual interest applies to current employees (previously only terminated) |
Review payroll procedures, implement delay prevention measures |
| Minimum Wage Increase |
January 1, 2025 |
KRW 10,030 hourly rate (1.7% increase) |
Adjust compensation structures, verify compliance across all positions |
Table 7: Recent Regulatory Changes
The government signals continued focus on work-family balance improvements, with budget allocations increasing childcare leave benefits and expanding substitute workforce programs. Future regulatory priorities likely include further flexibility enhancements and potential expansion of family care leave provisions.
Looking ahead, employers should anticipate continued regulatory evolution supporting demographic challenges and changing workforce expectations. The Ministry of Employment and Labor's modernization initiatives suggest ongoing amendments prioritizing family support and workplace flexibility while maintaining South Korea's competitive economic position.
Quick Reference Guide
For immediate operational reference, this consolidated summary provides essential leave policy information for daily HR management and compliance verification.
| Leave Type |
Minimum Entitlement |
Key Requirements |
Government Source |
| Annual Leave |
15 days (after 1 year), max 25 days |
80% attendance requirement, 6-month notice for unused leave |
Labor Standards Act Article 60 |
| Maternity Leave |
90 days standard, 120 days twins, 100 days premature |
Minimum 45 days post-birth, mixed employer/government payment |
MOEL Family Support Policies |
| Paternity Leave |
20 days (effective Feb 2025) |
Within 120 days of birth, divisible into 3 installments |
Equal Employment Act Amendments |
| Childcare Leave |
12-18 months |
Children under 8 years (12 years from 2025), graduated government payments |
Employment Insurance System |
| Public Holidays |
15 recognized holidays |
Substitute day provisions, full pay requirements |
Presidential Decree No. 33448 |
| Subfertility Treatment |
6 days annually (Feb 2025) |
First 2 days employer-paid, strict confidentiality required |
Ministry Updates 2025 |
Table 8: At-a-Glance Summary
Managing Your South Korea Team
Our employer of record services help you access South Korea's highly skilled, technology-driven workforce without the complexity of local HR and compliance management. We handle the intricate details of Korean labor law compliance, allowing you to focus on growing your business and managing your team's performance.
Our South Korea services include:
- Payroll Outsourcing Management: Accurate calculation of National Pension, health insurance, and employment insurance with automated compliance updates
- Local Compliance Assurance: Stay current with Labor Standards Act amendments and MOEL regulatory changes
- Risk Mitigation: Reduce exposure to labor law violations and associated penalties
- Talent Acquisition Support: Access to South Korea's skilled professionals across technology, manufacturing, and research sectors
- Multi-currency Solutions: Seamless salary payments in Korean Won or your preferred currency
We offer employer of record services across multiple countries in the APAC region, with deep expertise in South Korea's unique regulatory environment and cultural considerations.
Let us help you build and manage your South Korea team. If you want to access South Korea's top talent without the complexity of local HR and payroll outsourcing management, contact us for a consultation today. Our South Korea employment specialists can assess your specific needs and design a solution that ensures compliance while supporting your business growth objectives.
