Useful Info

Menstrual leave refers to granting one day of leave per month to female workers to prevent health damage from overworking during their menstrual period and to protect maternity. Menstrual leave can be used by any female worker employed at a workplace with 5 or more employees, regardless of employment type such as probationary employees, contract workers, temporary workers, or non-regular positions. Additionally, since menstrual leave must be granted based on actual menstrual phenomena, the employer cannot refuse it when a female worker requests it, irrespective of tenure or attendance record.

With the introduction of the 40-hour workweek under the amended Labor Standards Act, which took effect in stages from July 1, 2004 depending on company size and industry, the menstrual leave system was partially changed. It shifted from 'granting one day of paid menstrual leave per month to female workers' to 'granting unpaid menstrual leave when requested by a female worker.' According to the amended Labor Standards Act, unless employment regulations or collective agreements specify paid menstrual leave, female workers using it will have one day's regular wage deducted from their monthly salary, making it practically difficult for many female workers in low-wage, non-regular positions to use menstrual leave. On the other hand, there is debate about whether menstrual leave must be granted to female workers without menstrual phenomena, such as during pregnancy. Generally, it is interpreted that there is no obligation to grant menstrual leave in cases where there are no menstrual phenomena due to pregnancy or advanced age; however, if an employer refuses to grant menstrual leave on the grounds of absence of menstrual phenomena, the employer must prove this themselves. An employer who fails to grant menstrual leave after a female worker's request will be subject to a fine of up to 5 million won. *Pre-amendment Labor Standards Act Article 71: Employers must grant one day of paid menstrual leave per month to female workers.