When a pregnant employee in Korea has a miscarriage or stillbirth and asks for it, the employer must give miscarriage and stillbirth leave (Labor Standards Act Art. 74(3)). The length depends on the weeks of pregnancy under Enforcement Decree Art. 43(3): 10 days up to 15 weeks, 30 days for 16–21 weeks, 60 days for 22–27 weeks and 90 days from 28 weeks. Item 2 of that paragraph was deleted on 18 February 2025, so anything up to 15 weeks is now 10 days. Enter the date and weeks to see when leave ends, how many days the employer and employment insurance each cover, and the claim window.
1. 10 days (15 weeks or less) · 30 days (16–21) · 60 days (22–27) · 90 days (28+), from the day it happened.
2. The first 60 days of leave are paid (75 for twins or more); insurance benefit reduces the employer’s share.
3. Insurance benefit needs 180 days of insured units; claim within 12 months after the leave ends.
Calculator
Updates as you type. Leave runs from the day of the miscarriage or stillbirth, so the last day is that day plus days − 1 (our reading of “from the day … up to N days”). Enter completed weeks; the pregnancy period on the medical certificate decides. The claim window is our sum: one month after the start (for a non-priority firm, after day 60 or 75) to 12 months after the end, same date. Amounts and caps are in our maternity leave benefit calculator.
The provisions
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Labor Standards Act Art. 74(3) | If a pregnant woman miscarries or has a stillbirth and asks for it, the employer must give miscarriage/stillbirth leave as set by Decree; not for a miscarriage from an induced abortion (except cases under Mother and Child Health Act Art. 14(1)). | Procedures under Art. 14(1) are carved out of the exclusion, so they qualify (our reading) |
| Decree Art. 43(2) | Submit an application stating the reason, the date and the pregnancy period, with a medical certificate, to the employer | The certificate’s period sets the days |
| Decree Art. 43(3) | 15 weeks or less: up to 10 days from the day of the miscarriage or stillbirth / 16–21 weeks: 30 days / 22–27 weeks: 60 days / 28 weeks or more: 90 days. (Item 2 deleted 18 February 2025) | The deleted item 2 leaves one band up to 15 weeks |
| Labor Standards Act Art. 74(4) | Of the leave under paras (1)–(3), the first 60 days (75 for two or more children) are paid; where maternity leave benefit etc. is paid under the Equal Employment Act Art. 18, the employer is released up to that amount. | On 90-day leave, the employer’s pay duty stops after day 60 |
Who pays for how many days — Employment Insurance Act Art. 76
Art. 75 of the Employment Insurance Act extends maternity leave benefit etc. to insured people on miscarriage or stillbirth leave, and Art. 76(1)(i) sets the period: an amount equal to ordinary wages (as at the first day of leave), but for a firm that is not a priority-support firm, only for days beyond 60 (75 for twins or more), capped at 30 days (45). So it splits by firm size.
| Example (ours, from 20 October 2026) | Leave · last day | Employer / insurance (our sum) |
|---|---|---|
| 14 weeks | 10 days · 29 October 2026 | Priority-support: insurance 10 · other firm: employer 10, insurance 0 |
| 20 weeks | 30 days · 18 November 2026 | Other firm: all 30 days paid by the employer |
| 25 weeks | 60 days · 18 December 2026 | Other firm: employer 60, insurance 0 |
| 30 weeks | 90 days · 17 January 2027 | Other firm: employer 60 + insurance 30 · twins: 75 + 15 |
At a priority-support firm, insurance covers the whole leave and the employer is released from the first-60-days pay duty up to the benefit paid. The benefit has a cap, so a gap can remain for higher ordinary wages; who pays that gap is not stated in the provisions we read. The caps are in our maternity leave benefit calculator.
Claim window — 180 days and 12 months
Art. 75 sets two conditions: (i) insured units totalling 180 days or more by the day the leave ends; (ii) a claim from one month after the leave starts to 12 months after it ends. For a non-priority firm, the start is treated as the day after day 60 (75 for twins or more). For the 30-week example at another firm, our sum gives 19 January 2027 to 17 January 2028. If a Decree reason prevented a claim in time, claim within 30 days after it ends.
If a fixed-term or agency worker’s contract ends during leave, Employment Insurance Act Art. 76-2 covers the remaining days. Leave for a partner’s miscarriage or stillbirth is in Equal Employment Act Art. 18-4 (not read this time); Employment Insurance Act Art. 76(1)(iv) lists its first 3 days for benefit at priority-support firms.
Checklist
- ☐ The pregnancy period on the certificate — the 15-, 21- and 27-week lines
- ☐ Application + certificate to the employer (Decree Art. 43(2))
- ☐ Is the firm a priority-support firm?
- ☐ 180+ days of insured units?
- ☐ Claim from one month after the start, within 12 months after the end
Questions that remain
No request, no leave?
Art. 74(3) says the employer must give it “if the employee asks”. Unlike maternity leave (para. 1), the request is the trigger.
Is 15 weeks and 3 days 10 days or 30?
Para. (3) splits at “15 weeks or less” and “16 weeks or more”. 15 weeks and 3 days has not reached 16, so we read it as 10 days. Enter completed weeks in the calculator.
And if the employer refuses?
Breaching Art. 74(1)–(5) is punishable under Art. 110 by up to 2 years’ imprisonment or a fine of up to 20 million won.
Sources
- Korean law database (law.go.kr) — Labor Standards Act Arts. 74, 110 — source (current text, effective 8 October 2026, Act No. 21533; checked 28 October 2026). Miscarriage/stillbirth leave (request, the induced-abortion proviso), the first 60/75 paid days and release, penalty.
- Korean law database — Labor Standards Act Enforcement Decree Art. 43 — source (effective 23 October 2025, Decree No. 35436; checked 28 October 2026). Application and certificate, 10/30/60/90 days, item 2 deleted (18 February 2025).
- Korean law database — Employment Insurance Act Arts. 75, 76, 76-2 — source (effective 18 September 2026, Act No. 21473; checked 28 October 2026). Conditions (180 days, claim window), period (priority-support, beyond 60, 30-day cap), fixed-term and agency workers.
- Not read. Equal Employment Act Arts. 18 and 18-4, Mother and Child Health Act Art. 14, the benefit cap notice.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Your HR team — priority-support status, the application form.
- Work24 or your job centre — the benefit claim and the cap.
Written on 28 October 2026. The content is from the source; the glosses are ours.
