Managing employee leave and vacation entitlements is a critical aspect of compliance and employee satisfaction when operating in South Korea. The Labor Standards Act (LSA) governs most aspects of employment, including the minimum requirements for various types of leave. Employers must adhere to these statutory minimums, and many companies offer more generous policies as part of their employee benefits package.
Understanding the nuances of these regulations, from annual paid leave accrual to specific provisions for parental and sick leave, is essential for ensuring legal compliance and fostering a positive working environment for your team in South Korea.
Annual Vacation Leave
Employees in South Korea are entitled to paid annual leave based on their length of service. The minimum entitlement increases with tenure.
- Employees with less than one year of service: Entitled to one day of paid leave for each month they have worked, provided they attend work for at least 80% of the working days in that month. These days can be used during the first year and are deducted from the second year's entitlement.
- Employees with one year or more of service: Entitled to 15 days of paid leave after completing one full year of service, provided they attend work for at least 80% of the working days during the preceding year.
- Increased entitlement for long-term employees: For every two years of continuous service beyond the first year, an additional day of paid leave is granted. The maximum annual leave entitlement is capped at 25 days.
| Length of Service | Minimum Annual Paid Leave Entitlement |
|---|---|
| Less than 1 year | 1 day per month (if 80% attendance) |
| 1 year | 15 days (if 80% attendance in year 1) |
| 2-3 years | 15 days |
| 3-4 years | 16 days |
| 5-6 years | 17 days |
| ... | ... (1 additional day every 2 years) |
| 21+ years | 25 days (maximum) |
Employers are required to encourage employees to use their annual leave. If an employee does not use their accrued leave within one year of it becoming available, the employer may be obligated to pay unused leave allowance, unless the employer has taken specific steps to promote leave usage as prescribed by law.
Public Holidays
South Korea observes a number of national public holidays. When a public holiday falls on a weekend, a substitute holiday is often granted on the following Monday, though this rule has specific applications depending on the holiday. Employees are generally entitled to paid leave on these public holidays.
Here are the expected public holidays for 2025:
| Date | Holiday | Notes |
|---|---|---|
| January 1 | New Year's Day | |
| January 28-30 | Seollal (Lunar New Year) | Typically 3 days, plus preceding/following weekend |
| March 1 | Independence Movement Day | |
| May 5 | Children's Day | |
| May 6 | Substitute Holiday | For Children's Day falling on Sunday |
| May 5 | Buddha's Birthday | Date varies annually (Lunar Calendar) |
| June 6 | Memorial Day | |
| August 15 | Liberation Day | |
| September 15-17 | Chuseok (Korean Thanksgiving) | Typically 3 days, plus preceding/following weekend |
| October 3 | National Foundation Day | |
| October 9 | Hangul Day (Korean Alphabet Day) | |
| December 25 | Christmas Day |
Note: Dates for Lunar New Year and Chuseok are based on the lunar calendar and vary each year. Buddha's Birthday also varies.
Sick Leave Policies
The Labor Standards Act does not mandate paid sick leave for general illness or injury not related to work. However, employers are required to provide unpaid leave for medical treatment or recovery. Many employers in South Korea offer paid sick leave as an employee benefit, often outlined in employment contracts or company policies.
- Work-related injury or illness: If an employee suffers a work-related injury or illness, they are entitled to paid leave and compensation under the Industrial Accident Compensation Insurance Act.
- Non-work-related illness: There is no statutory requirement for employers to pay employees during sick leave for non-work-related reasons. Any paid sick leave is typically based on company policy or collective agreements.
- Medical Certificates: Employers may require a medical certificate or doctor's note to verify the need for sick leave, especially for longer periods.
It is crucial for employers to clearly define their sick leave policy, including whether it is paid or unpaid, the duration allowed, and requirements for documentation.
Parental Leave
South Korea provides robust parental leave entitlements, including maternity, paternity, and childcare leave.
- Maternity Leave: Female employees are entitled to 90 days of maternity leave for a single birth (120 days for multiple births). At least 45 days (60 days for multiple births) must be taken after childbirth. The first 60 days (80 days for multiple births) are typically paid by the employer (or a combination of employer and employment insurance benefits), while the remaining days are covered by employment insurance benefits, up to a statutory limit.
- Paternity Leave: Male employees are entitled to 10 days of paternity leave. This leave can be taken in two separate installments and must be used within 90 days of the child's birth. It is typically paid through employment insurance benefits.
- Childcare Leave: Both male and female employees are entitled to childcare leave to care for a child under the age of 8 or in the second grade of elementary school. This leave can be taken for up to one year per child. It can be used by both parents, either concurrently or consecutively. During childcare leave, employees receive benefits from employment insurance, calculated as a percentage of their ordinary wage, up to a monthly cap. The employment relationship is maintained during childcare leave, and the employee must be reinstated to the same or equivalent position upon return.
Other Types of Leave
Beyond the major categories, South Korean law and common practice recognize several other types of leave:
- Bereavement Leave: While not strictly mandated by the LSA for all cases, many companies provide paid or unpaid leave for the death of family members, with the duration often depending on the relationship to the deceased.
- Reserve Duty/Military Training Leave: Employees who are required to participate in military reserve duty or training are legally entitled to leave for the duration of their service. Employers are prohibited from treating this time unfavorably.
- Public Duty Leave: Employees are entitled to leave to perform public duties, such as voting or serving on a jury.
- Menstrual Leave: Female employees are entitled to one day of unpaid menstrual leave per month upon request.
- Family Care Leave: Employees may request leave (up to 10 days per year, with a maximum of 90 days total) to care for family members (parents, children, spouse, grandparents, grandchildren) who are ill, injured, or elderly and require care. This leave is typically unpaid.
- Study/Sabbatical Leave: These types of leave are not legally mandated but may be offered by employers as part of their benefits package or for specific training/development purposes. Policies vary significantly by company.
