Child Care Leave

1.     What's the Child Care Leave

    An employer shall grant childcare leave, if a worker with a nursling or infant aged less than three years asks for leave to take care of the infant or toddler

(ACT ON EQUAL EMPLOYMENT AND SUPPORT FOR WORK-FAMILY RECONCILIATION)

Article 19 (Childcare Leave) (1) An employer shall grant childcare leave, if a worker with a nursling or infant aged less than three years asks for leave to take care of the infant or toddler (hereinafter referred to as "childcare leave") : Provided that this shall not apply in such cases as prescribed by the Presidential Decree.

(2) The duration of childcare leave shall be one year or less.

(3) An employer shall neither dismiss and give other unfavorable treatment to a worker on account of taking childcare leave as prescribed in paragraph (1), nor dismiss the concerned worker during the childcare leave period; Provided that this shall not apply when the employer is not able to continue his/her business.

(4) An employer shall allow an employee whose childcare leave ends as prescribed in paragraph (1) to return to the same work which the employee used to do before the childcare leave or to the work paying the equivalent level of wages. Also, the period of the childcare leave prescribed in paragraph (2) shall be included in continuous service period of the employee.

(5) Matters necessary for the application method, procedure, etc. of childcare leave shall be determined by the Presidential Decree.

2.     Period of Childcare leave

The period of childcare leave shall be one year or less. The period can be used one year per child, if employee have two, he/she can apply two years each one year. If the husband and wife are both employee, they can apply one year each however if they apply the childcare leave at the same time, government do not allow it and apply one person.

3.     Subject to Childcare Leave

 Employee have to receive more than 30days of childcare leave from employer. Before starting of childcare leave, employee must be served their service more than 180 days which are excluded the period of receiving the unemployment allowance from government.

4.     Salary support from employment Insurance ( it's unpaid leave for company)

During the childcare leave, the insurance will be paid 40 %( “Childcare allowance”) of employee's monthly salary (Max.:KRW1,000,000-/ Min.:500,000-) however the 15% of childcare allowance will be paid after six months of employee return at one time.

If the employee will receive any kinds of consideration from company, the amount will be deducted from the childcare allowance if it'll be over 85/100 of childcare allowance.

5.     Employer's necessary action

Employer have to allow the application of return after the childcare leave and have to give a task and salary which must be similar to before the childcare leave. During the childcare leave, it'll be included the calculation of retirement allowance. However if the service agreement or rule of employment is stipulated any other clause of childcare leave, company have to follow it.

6.     Support of company allowing the childcare leave

-       If the company allows the childcare leave more than 30 days and continue to hire the same employee after the childcare leave, Employment insurance will pay to company KRW 200,000 per month.

-       Company will allow the childcare leave an then hire the substitute manpower, employment insurance will support to company KRW 600,000 per month if company do not execute the manpower restructuring before three months and after six months

7. Four Social Insurance 

-       National Pension: Possible to apply the suspend (No need to pay )

-       National Health: Possible to apply the suspend(However employee can get the service) However do not pay the insurance during the leave, after return 50 % of insurance will be charged after the leave.

-       Employment insurance: No need to insure but have to settle based on the last year salary

-       Industrial Disease: no charge