the Labor Standards Act
GrievanceA female employee in the accounts department registered for 3 months of pre-natal/postpartum leave and 1 year of addition leave for childcare.
The company is not in a position to grant an entire year’s leave but has a policy of granting a total of 7 month including 3 months for pre-natal/postpartum natal care.
During the first 3 months of pre/post natal leave employees are awarded 100% of the regular salary, and 30% for the following 3 months. After 6 months no salary will be awarded.
Company G awards a yearly salary that is distributed at 1/16 of the total on a monthly basis with an addition 1/16 awarded in the form of a quarterly bonuses. In the case of the aforementioned employee, they asked how to handle leave pay.
Korea law requires employers to grant employees 60 days of paid leave and no less than 90 days of pre-natal/postpartum leave. Thus it is also determined that the company should have no problem going ahead with the procedure prescribed above.
Resoultion and Results
|Resolution and Results
|1. Maternity Leave is defined as a period of leave from a specific post in the interest of caring for a child under 1(one) year of age.
2. An employees is allowed to take up to 1 year of leave starting from the date of birth of his/her child(for a female employee, this is the last day of pre-natal/postpartum leave). In such a case that the employer refuses an employee the right to take that leave, he or she will be subject to penalty of the law.
3. Though the employer is not obligated to issue wages to an employee on maternity leave, however if that employer is able to do so, he/she should award that employee a monthly maternity leave stipend of 400, 000 KRW.
4. Under labor law, an employee applying for maternity leave is entitled to 90 days of leave, of which 60 days should be paid leave (at a regular wage). However, if the regular monthly salary of the employee in question does not exceed 1.35 million KRW, for qualified priority recipients (excluding large corporations) salary for the entire 90 day period will be entirely covered by employment insurance. In such a case that the employee’s wage exceeds the aforementioned amount, the employer will bear responsibility for paying the remainder of that employee’s salary.
5. However, upon agreement of all parties involved, it would be acceptable to extend the period of paid leave.