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Employment Insurance Act — Article 76 (Payment period)

고용보험법 제76조

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.

(1) Maternity leave benefits, etc. prescribed in Article 75 shall be paid in an amount equal to the ordinary wage of the insured employee prescribed in the Labor Standards Act (to be computed as of the beginning date of the leave) for the following periods of leaves: <Amended on Feb. 1, 2012; Jan. 21, 2014; Aug. 27, 2019; Oct. 22, 2024>

1. The period of a maternity leave, or a miscarriage or stillbirth leave prescribed in Article 74 of the Labor Standards Act; provided, where the enterprise is not eligible for priority support, such period shall be limited to the number of days (the period shall be limited to 30 days, but for a woman giving birth prematurely, such period shall be limited to 40 days, and for a woman pregnant with 2 or more babies at a time, the limit shall be 45 days) exceeding 60 days (75 days for a woman pregnant with 2 or more babies at a time) during the period of such leave;

2. The period of paternity leave prescribed in Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act; provided, it shall be limited to cases where the workplace in which the insured employee works is an enterprise eligible for priority support;

3. Initial 2 days during leave of absence for infertility treatment prescribed in Article 18-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act; provided, it shall be limited to cases where the workplace in which the insured employee works is an enterprise eligible for priority support.

(2) A minimum and maximum amount of maternity leave benefits, etc. payable under paragraph (1) may be set, as prescribed by Presidential Decree. <Amended on Feb. 1, 2012>

(3) Matters necessary for the application for, and payment of, maternity leave benefits, etc. referred to in paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jun. 4, 2010; Feb. 1, 2012>

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