1. Reasons for Amendment

The Amendment strengthens protection of motherhood by modifying the number of divided uses of paternity leave, increasing the length of leave of absence for subfertility treatment, prescribing grounds for a wage subsidy for leaves of absence for subfertility treatment, and newly inserting a employer confidentiality obligation in relation to leaves of absence for subfertility treatment. It aims to promote a culture of equal parenting and prevent career disruption among women by increasing the child's age limit and period of use of reduction of working hours for period of childcare, and also strengthens work-family balance by allowing the State to provide support through taxation and finance to employers who accommodate work-from-home arrangements for employees with young children.

Moreover, it allows an administrative fine to be imposed on any representative of a corporation who commits sexual harassment on the job as well as any employer who does so, thereby aiming to strengthen protection of victims’ rights and otherwise address weaknesses in the current system.

2. Major Provisions

A. Allow paternal leave to be split three times instead of once only (Article 18-2 (4))

B. Increase the length of leave of absence for subfertility treatment by prescribing that where an employee applies for a leave of absence to undergo artificial insemination or other subfertility treatment, the employer shall grant a leave of absence for a period not exceeding six days (of which the first two days shall be paid) a year instead of the previous requirement of three days (of which the first day is paid) a year (Article 18-3 (1))

C. Newly insert a wage subsidy for the paid component of leave of absence for subfertility treatment (Article 18-3 (4) through (6) newly inserted)

Prescribe that where an employee of an enterprise eligible for priority support under the Employment Insurance Act takes a leave of absence for subfertility treatment, the State may pay an amount equivalent to ordinary wages for the paid component of the leave. Prescribe that the subfertility treatment leave benefit paid shall be construed as having been paid by the employer, who shall not be held liable for payment up to the amount of the benefit.

D. Newly insert a confidentiality obligation for employers (Article 18-3 (7) newly inserted)

Prescribe that employers shall not disclose any fact that comes to his or her knowledge in relation to an employee’s leave of absence for subfertility treatment to any other person against the wishes of the employee who applied for the leave of absence for subfertility treatment.

E. Increase the child’s age limit for reduction of working hours for the period of childcare by prescribing that employers shall grant permission to reduce work hours if requested by an employee to care for children aged 12 years or younger or in the sixth grade or lower of elementary school, which is an increase from the previous age limit of eight years or younger or in the second grade or lower of elementary school (Article 19-2 (1))

F. Increase the period of reduction of working hours for the period of childcare, which may be granted for a period of up to one year, by allowing employees who are eligible to apply for childcare leave to add two times the period of unused childcare leave, increased from previous provisions allowing the period of unused childcare leave to be added (Article 19-2 (4))

G. Address the need to prescribe grounds to support employers who adopt work-from-home and other flexible work arrangements for employees with young children to promote a culture of equal parenting and prevent career disruption among women by allowing the State to provide support through taxation and finance to employers who accommodate work-from-home arrangements for employees with young children and other measures to promote work-family balance (Article 20 (2))

H. Modify provisions on administrative fines to prescribe that any representative of a corporation who commits sexual harassment on the job, as well as any employer who does so, shall be subject to an administrative fine not exceeding 10 million won (Article 39 (2))