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Employment Insurance Act — Article 75 (Maternity leave benefits)

고용보험법 제75조

This English translation is based on the Korean text effective 2025-10-01. The Korean law has since been amended (current version effective 2026-09-18) — check the Korean original.

Where an insured employee is granted a maternity leave, or a miscarriage or stillbirth leave under Article 74 of the Labor Standards Act, a paternity leave under Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, or a leave of absence for infertility treatment under Article 18-3 of that Act and satisfies all of the following requirements, the Minister of Employment and Labor shall pay him or her maternity leave benefits, etc. (hereinafter referred to as "maternity leave benefits, etc.") pursuant to Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act: <Amended on Dec. 21, 2007; Jun. 4, 2010; Feb. 1, 2012; Jan. 21, 2014; Aug. 27, 2019; May 26, 2020; Oct. 22, 2024>

1. The insured employee's qualifying days in covered employment prescribed in Article 41 as at the end date of such leave shall amount to at least 180 days;

2. The insured employee shall apply for maternity leave benefits, etc. between one month after the beginning date [where the workplace to which the insured employee who is granted a maternity leave, or a miscarriage or stillbirth leave belongs is not eligible for priority support, the date on which 60 days (75 days for a woman pregnant with two or more babies at the same time) lapse after the actual beginning date of the leave shall be deemed the beginning date of such leave] of such leave and 12 months after the ending date of such leave; provided, those who fail to apply for maternity leave benefits, etc. during that period due to any of the grounds prescribed by Presidential Decree shall file an application within 30 days after the relevant ground ceases to exist.[Title Amended on Feb. 1, 2012]

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