How many days off does a partner get when their spouse gives birth in Korea? Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act says the employer must give 20 days of leave and that the days used are paid. An amendment of 17 March 2026 renamed it spouse’s maternity-period leave (paternity leave); it can be used from 50 days before the due date and not once 120 days have passed from the birth. For workers at priority-support firms, Employment Insurance pays the ordinary wage up to a cap instead. Enter the due date and wage to see the usable window and how the pay splits between insurance and employer.
1. 20 paid days, in up to 3 parts (Art. 18-2(1) and (4)).
2. From 50 days before the due date until 120 days have passed from the birth (Art. 18-2(3)).
3. At a priority-support firm, Employment Insurance pays up to 1,684,210 won for 20 days — the employer pays the rest.
Calculator
Updates as you type. The insurance cap is 1,684,210 won for 20 days and pro rata for fewer days (Notice No. 2026-67, valid to 31 December 2026); we round down to the won. The floor tied to the hourly minimum wage is not calculated. Whether the firm counts as a priority-support firm is for the employer or job centre to confirm.
The articles
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Equal Employment Act Art. 18-2(1) | When a worker gives notice of leave for the spouse’s pregnancy and birth, the employer must give 20 days; the days used are paid. | “Notice”, not a request |
| Art. 18-2(2) | Where maternity-period leave benefits are paid, the employer is released to the extent of that amount. | The employer’s duty shrinks only by what insurance pays |
| Art. 18-2(3) | Usable from 50 days before the due date; not usable once 120 days have passed from the birth. | Amended 17 March 2026 |
| Art. 18-2(4) | May be split into parts, limited to 3. | No fourth part |
| Art. 18-2(5) | No dismissal or other unfavourable treatment because of the leave. | — |
| Employment Insurance Act Art. 76(1) item 2 | The ordinary wage is paid for the leave, limited to priority-support firms. | Other firms: no insurance benefit |
| Notice No. 2026-67, II | If the ordinary wage for 20 days exceeds 1,684,210 won, 1,684,210 won; for fewer than 20 days, calculated by days | Valid to 31 December 2026 |
Article 75 of the Employment Insurance Act requires 180 or more insured days before the leave ends and an application from one month after the leave starts to 12 months after it ends. The employer’s duty to pay (Equal Employment Act) and the insurance benefit (Employment Insurance Act) sit in different laws; Art. 18(2) and Art. 18-2(2) link them — what insurance pays counts as paid by the employer.
Three sums — our examples
| Case (our example) | Insurance pays | Employer still owes |
|---|---|---|
| Daily wage 120,000 won, 20 days, priority-support firm | Of 2,400,000 won, the cap of 1,684,210 won | 715,790 won |
| Same person, 10 days | Cap 1,684,210 × 10/20 = 842,105 won | 1,200,000 − 842,105 = 357,895 won |
| Daily wage 70,000 won, 20 days | All 1,400,000 won (under the cap) | 0 won |
At a firm that isn’t a priority-support firm there is no insurance benefit, so the employer pays the full 120,000 × 20 = 2,400,000 won (Art. 18-2(1)). Rounding down to the won is our method.
The usable window, in dates
With a due date of 20 November 2026, use can start 1 October, 50 days earlier. If the baby is born on 18 November, counting 120 days from the day after the birth (our reading, applying the Civil Act’s first-day rule in Art. 157) gives 18 March 2027 as the last day. If the birth day itself counts as day one, it is a day earlier — if you plan to use the last few days, check with the employer and job centre first.
The birthing parent’s maternity leave pay is in maternity leave benefit calculator; parental leave afterwards is in parental leave benefit calculator.
Checklist
- ☐ Give notice to the employer — 20 days, up to 3 parts
- ☐ Use it all between 50 days before the due date and 120 days from the birth
- ☐ Check whether the firm is a priority-support firm — if not, no insurance benefit
- ☐ Apply for the benefit from one month after the start to 12 months after the end
Questions that remain
Did the number of days change with the name?
The current article says 20 days, paid, 3 parts; the 17 March 2026 amendment renamed it and allowed use from 50 days before the due date. We didn’t read the earlier wording this time.
Is there more for twins?
Neither Art. 18-2 nor Notice section II distinguishes multiple births.
Sources
- Korean law database (law.go.kr) — Equal Employment Act Arts. 18, 18-2 — source (current text, effective 18 September 2026, Act No. 21476; checked 26 October 2026). Art. 18 (benefits; release to the amount paid), Art. 18-2(1)–(6) (20 paid days, release, 50 days before the due date and 120 days from the birth, 3 parts, no unfavourable treatment).
- Korean law database — Employment Insurance Act Arts. 75–76 and Decree Art. 101 — Act (effective 18 September 2026, No. 21473) · Decree (effective 18 September 2026, No. 36588). 180 days and the application window; priority-support firms only; cap by notice, floor by the hourly minimum wage.
- Korean law database — Notice on the caps for maternity-period leave benefits — source (effective 18 September 2026, Ministry of Employment and Labor Notice No. 2026-67). Section II: 1,684,210 won for 20 days, pro rata below 20; valid to 31 December 2026.
- Not read. The Presidential Decree on how to apply (Art. 18-2(6)); the earlier wording and addenda.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Work24 or your local job centre — priority-support status and the benefit claim.
Written on 26 October 2026. The content is from the source; the glosses are ours.
