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1. Legal Basis
Act on Equal Employment and Support for Work-Family Balance between Men and Women (Gender Equality Employment Act) Article 22-2 stipulates that workers can apply for leave when they urgently need to care for family members due to illness, accident, old age, or child-rearing.
This law applies to all workplaces employing workers regardless of nationality, so foreign workers are also guaranteed legal rights.
2. Main Contents and Conditions
Care Recipients: Parents, spouse, children, spouse's parents, grandparents, grandchildren are included.
Usage Period: Maximum 10 days per year, which can be used in 1-day units. (Included within the 90-day family care leave period)
Paid/Unpaid Status: Legally, it is unpaid by principle. However, if the company's employment regulations or collective bargaining agreement stipulate it as paid, it can be exceptionally treated as paid.
3. Precautions (Consultation Checkpoints)
Proof of Family Relationship: When applying for leave, you must submit a family relationship certificate, etc. For foreign workers, certificates under the home country's laws and translations may be required.
Government Support (Family Care Cost): In cases where the government provides 'family care cost' support, such as during the COVID-19 outbreak, you may be excluded from support eligibility depending on employment insurance subscription status. (Non-professional employment (E-9), visit employment (H-2) visas have optional employment insurance, so check subscription status.)
Exceptions: There are exception clauses where the employer can refuse if the employment period is less than 6 months or in specific situations where other family members can provide care, so verification is needed.