South Korea

My parental leave request was denied.

12 months
Maximum leave
90% pay
Govt. benefit rate
1 year
Job protection
30 days
Notice required
The Short Answer

In South Korea, employers must approve parental leave requests if the employee meets eligibility requirements under the Equal Employment Opportunity and Work-Family Balance Assistance Act — denial without lawful grounds is illegal.

What the Law Says

South Korean law guarantees eligible employees the right to take parental leave, and employers generally cannot deny a properly submitted request.

Under the Equal Employment Opportunity and Work-Family Balance Assistance Act, an employee who has worked for the same employer for at least 180 days is entitled to parental leave upon request. The leave can last up to 12 months, and the employee’s job is protected for one year after return.

The employer must approve the leave unless specific statutory exceptions apply — such as when the employee fails to give at least 30 days’ written notice or does not meet the 180-day service requirement. There is no discretion to deny leave for business convenience or operational reasons.

During leave, the employee receives parental leave benefits from the government — currently 90% of average monthly wages (capped at ₩2.5 million per month) — administered by the Korea Workers’ Compensation and Welfare Service (COMWELFARE).

Statutory Text

An employer shall grant parental leave to an employee who has worked continuously for the same employer for at least 180 days.

Equal Employment Opportunity and Work-Family Balance Assistance Act, s. 19 — Parental Leave
Statutory Text

Parental leave may be taken for a period not exceeding 12 months.

Equal Employment Opportunity and Work-Family Balance Assistance Act, s. 19(2)
Statutory Text

An employee who takes parental leave shall be guaranteed reinstatement to the same or equivalent position upon return.

Equal Employment Opportunity and Work-Family Balance Assistance Act, s. 19(4)

What to Do

1

Confirm you worked for the same employer for at least 180 days before applying.

2

Check whether you submitted written notice at least 30 days before the intended start date.

3

File a complaint with the local Employment Labor Office (within 2 years of denial).

4

Request reinstatement and unpaid wages or damages through the Labor Relations Commission or civil court if unresolved.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.