1. Reason for revision

The aim is to strengthen the maternity protection system by amending the number of installment uses of spousal maternity leave, expanding the period of leave of absence for subfertility treatment, providing a basis for support for leave of absence for subfertility treatment benefits, and establishing a confidentiality obligation for employers regarding leave of absence for subfertility treatment.

In order to spread the culture of mutual care between parents and prevent career interruption among women, the age of children and period of use subject to reduced working hours during childcare shall be expanded, the government will provide tax and financial support to employers who support telecommuting during childcare, and support for work-family balance will be strengthened. 

In addition, deficiencies in the current system will be supplemented by strengthening victim rights relief through the method wherein negligence fines are imposed on not only business owners but also corporate representatives for sexual harassment in the workplace. 

2. Main contents

A. Establishment of salary support for the paid period of leave of absence for subfertility treatment (Articles 18 (1) and 18 (2) of the Draft) 

- The country allows the workers who belong to companies eligible for priority support under the Employment Insurance Act to receive an amount equivalent to ordinary wages for the paid leave period if they file for leave of absence for subfertility treatment, and the employer is exempted from the liability to pay leave of absence for subfertility treatment benefits beyond the limit of the amount.

B. The spouse's maternity leave may be divided into three periods instead of one-time use (Article 18-2 (4) of the Draft). 

C. Currently, if an employee files for a leave to receive infertility treatment such as artificial insemination, the employer is required to allow leave of up to 6 days per year (first 2 days paid) instead of allowing leave of up to 3 days per year (first 1 day paid) in order to expand the treatment leave period (Article 18-3 (1) of the Draft).

D. Establishment of employers’ liability for confidentiality (Establishment of Article 18-3 (3) of the Draft)

- Employers shall not disclose the fact of the employee's leave of absence for subfertility treatment to others against the will of the employee who filed for a leave of absence for subfertility treatment.

E. Currently, if an employee requests the reduction of working hours to raise a child aged 8 years or below or in the 2nd grade of elementary school, the employer shall approve the request; however, the age of children subject to reduced working hours during the childcare period is expanded to 12 years or below or in the 6th grade of elementary school (Article 19-2 (1) of the Draft).

F. Currently, the period of reduced working hours during the childcare period is less than one year, but the unused period during the childcare leave period is added to the workers who can apply for childcare leave, and the amount that could be used is doubled as the unused period during the childcare leave period. The period of reduced working hours during the childcare period shall be expanded by allowing its use (Article 19-2 (4) of the Draft)

G. In order to spread the culture of mutual care between parents and prevent career interruption among women, it is necessary to establish a basis for support of employers who apply flexible work measures such as telecommuting during childcare; therefore, the country may provide tax and financial support for employers who apply measures to support employees in working at home or both home and workplace during childcare (Article 20 (2) of the Draft). 

H. The provision on negligence fines is improved by the method that, in past, a fine not exceeding KRW 10 million was imposed in case of commitment of sexual harassment by the employer in the workplace but, in future, a fine not exceeding KRW 10 million will be imposed in case of commitment of sexual harassment by not only the employer but also the representative of the corporation in the workplace (Article 39 (2) of the Draft).