Women’s Legal Maternity Protections (1/2)

Korean law provides some explicit and concrete protections for female employees related to fertility. The next two posts will discuss some of these laws which companies must be aware of to protect the rights of their employees and avoid penalties.

Employers in South Korea are strictly prohibited from assigning pregnant women, new mothers (within one year of childbirth), or nursing mothers to any hazardous or dangerous work. Violating these rules can lead to serious consequences, including criminal penalties—up to 3 years in prison or a fine of up to 30 million KRW.

When it comes to working hours, pregnant employees are completely exempt from overtime. After childbirth, and for up to one year, they can work limited overtime: up to 2 extra hours a day, 6 hours a week, and no more than 150 hours annually, even with their consent. Employers who violate these limits can face up to 2 years in prison or a fine of up to 20 million KRW.

Expecting mothers also have the right to request a reduction of up to 2 working hours per day if they are in the early stages of pregnancy (less than 12 weeks) or late stages (more than 35 weeks). This reduction comes without any loss of pay. Additionally, the law ensures time off for prenatal medical checkups. Pregnant women can take leave for these appointments once every 4 weeks up until the 28th week, once every 2 weeks from the 29th to the 36th week, and weekly from the 37th week until delivery. Failing to grant reduced working hours can result in an administrative fine of up to 5 million KRW.

There are also provisions for women who aren't pregnant. Female employees are entitled to one day of menstrual leave per month, though this leave is unpaid. Employers who fail to grant menstrual leave can be fined up to 5 million KRW.

For those undergoing fertility treatments, such as artificial insemination or in vitro fertilization, women are allowed up to three days of leave each year. However, employers are only required to pay for the first day off. Violating this right can also result in a fine of up to 5 million KRW.

These regulations aim to ensure the well-being of women in the workplace, whether they are preparing for, experiencing, or recovering from childbirth or other fertility-related matters.

In the next article we’ll discuss maternity leave and expectations of support from employers to women during and after pregnancy. For any specific questions you might have about the protection of women employees, contact InterLEX!