Annual Leave & Other Leave Policies in South Korea

Annual Leave Entitlements

• If the number of full-time employees is more than 5 and the attendance rate of employees is more than 80% for pervious year, 15 days of paid leave must be given. (Article 60 of the labour Standards Act)
• Employees who work for less than one year or less than 80% of employees who work for one year will also be paid one day of paid leave for one month.
• The maximum number of annual leave days is 25 days.
  • However, this does not apply to employees whose working hours are less than 15 hours per week (average of 4 weeks).
  • Annual leave is also granted during the probation period.
  • There is no legal annual leave in workplaces with less than five full-time employees.

Calculation of Annual Leave

Annual leave is calculated based on the number of completed months of service:

• Less than 1st year annual leave = 1 day x 11 months = 11 days
• 1st year and 2nd year annual leave = 15 days
  • (Paid annual leave is provided in addition to one day every two years.)

Annual Leave Entitlement Days – Based on the number of years of service:

Encashment and Carryover Rules

Leave Encashment

Employees can encash their annual leave if allowed by their employer’s policies. However, there is no obligation for employers to approve encashment requests.

Maximum Carryover

Employees are allowed to carry over a maximum of one year’s worth of unused annual leave to the next year. Any excess leave days will be forfeited if not utilized within the stipulated timeframe.

Additional Paid Leaves

In addition to annual leave, employees in South Korea are entitled to paid leave for national holidays, sick leave, and special leave for specific events such as marriage or bereavement.

Types of Statutory Leave in South Korea:

Unpaid Leave:

• Unpaid Leave –
  • Unpaid leave due to personal circumstances can be done in accordance with the company policy. (There are no seperate labour relations law related to unpaid leave.)

• Sick Leave –
  • There is no provision for sick leave in the Labour Standards Act. Therefore, company treat sick leave paid or unpaid according to the company policy. (It is generally the practice of unpaid leave.)

• Menstrual Leave –
  • Company must provide monthly menstrual leave when female employees claim it, with an allowance of 1 day per month.
  • According to Article 73 of the Labour Standards Act, menstrual leave is generally provided as unpaid leave. However, it can be stipulated as paid leave according to the company policy.

• Family Care Leave – 
  • The company is not obligated to pay wages during Family Care Leave.
  • Employees are entitled to family care leave for up to 90 days per year. It can be used in installments, with more than 30 days at a time.
  • Family care leave cannot be used by probationary employees if their working period is less than 6 months.

• Childcare Leave –
  • Extension from 12 months to 18 months (There is a condition that both parents must use childcare leave for at least 3 months.)
  • Childcare leave is considered unpaid leave. Company is not obligated to pay wages during this period. (Employee receives a grant from the government only.)
  • Pregnant female employees and those with children under the age of 8 or under the 2nd grade of elementary school are eligible for childcare leave.
    • Company cannot fire employee due to childcare leave.

Paid Leave:

• Annual Leave – As explained above.

• Maternity Leave –
  • Maternity Leave is a legal leave guaranteed under the Labour Standards Act and must be granted regardless of the type of labour contract, occupation, length of service, etc. (Article 74 of the Labour Standards Act)
  • Company must give a pregnant woman 90 days of maternity leave (100 days for premature birth, 120 days for multiple births) before and after childbirth.

• Paternity Leave –
  • Paternity Leave Period is 20 working days.
    • From 23 February 2025, the period will be increased from 10 days to 20 days.

Employer and Employee Responsibilities

Employers must ensure that their leave policies comply with South Korea’s labour laws and provide clear guidelines to employees. Employees, on the other hand, should familiarise themselves with their entitlements and follow the company’s leave procedures.

Ensuring Compliance

1. Employers: Maintain accurate records of leave taken and balance. Communicate leave policies clearly.
2. Employees: Submit leave applications in a timely manner. Keep track of leave balance and plan accordingly.

2025 Public Holidays:

Please note that all the information listed below are to be used as a general guideline. For more detailed accounts of South Korea employment laws and regulations, please visit the official governmental websites.

Updated on: 16th January 2025