Useful Info

Female foreign workers employed at domestic workplaces are also entitled to statutory 'maternity leave' without discrimination compared to nationals.

According to the current Labor Standards Act, employers must grant a total of 90 days (120 days for multiple births) of leave centered around childbirth to pregnant female workers. This is a mandatory provision that applies regardless of nationality or residency status.

Core Principle: 'Post-Birth Leave' of at Least 45 Days Must Be Secured

The most important point to note is the allocation method of the leave period. Of the total 90 days of leave, at least 45 days (60 days for multiple births) must be allocated after childbirth. This is a legal mechanism that prioritizes the mother's health recovery. Even if the expected due date is delayed and pre-birth leave exceeds 45 days, the law mandates that an additional 45 days of post-birth leave must still be guaranteed.

Wage and Salary Support System

• First 60 days (75 days for multiple births): Employer is obligated to pay 100% of regular wages. (However, payments from employment insurance can be deducted from the employer's portion)
• Subsequent 30 days (45 days for multiple births): Maternity leave allowance is provided by employment insurance.
• Priority Support Enterprises: Employment insurance covers the allowance for the full 90 days, and the employer must cover the difference with regular wages (for the first 60 days).
• Visa Issues: If the visa expires during the maternity leave period, apply for an extension at the immigration office in advance.
• Country-Specific Systems: Check with the relevant institutions in your home country regarding overlaps with their social insurance systems.

Severe Legal Penalties for Violations

If an employer denies leave citing the worker's foreign status or imposes disadvantages such as dismissal within 30 days after the leave period or its end, they may face imprisonment of up to 2 years or a fine of up to 20 million won.

Labor experts emphasize, "Foreign workers are also protected under Korean labor laws," and "Employers must identify leave plans in advance, prepare for workforce shortages, and ensure workers' rights are protected."