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Enforcement Decree of the Labor Standards Act — Article 43 (Request for Miscarriage or Stillbirth Leave)

근로기준법 시행령 제43조

This English translation is based on the Korean text effective 2021-11-19. The Korean law has since been amended (current version effective 2025-10-23) — check the Korean original.

(1) “Reasons prescribed by Presidential Decree” in the former part of Article 74 (2) of the Act means any of the following cases: <Newly Inserted on Jun. 21, 2012>

1. Where a pregnant employee has an experience of miscarriage/stillbirth;

2. Where a pregnant employee is at the age of 40 or more when she applies for a maternity leave;

3. Where a pregnant employee submits a report prepared by a medical institution stating that she has the risk of miscarriage/stillbirth.

(2) Where an employee who suffers from miscarriage or stillbirth requests the miscarriage or stillbirth leave pursuant to Article 74 (3) of the Act, she shall submit to the business owner an application for miscarriage or stillbirth leave, stating the reason for requesting the leave, the date on which miscarriage or stillbirth occurred, the pregnancy period, etc., along with a medical certificate issued by a medical institution. <Amended on Jun. 21, 2012>

(3) The the business owner shall give a miscarriage or stillbirth leave according to the following guidelines to any employee who requests a miscarriage or stillbirth leave pursuant to paragraph (2): <Amended on Jun. 21, 2012>

1. Where a pregnancy period of the employee who suffers from miscarriage or stillbirth (hereinafter referred to as the "pregnancy period") is not more than 11 weeks: up to five days from the date of miscarriage or stillbirth;

2. Where the pregnancy period is not less than 12 weeks but not more than 15 weeks: up to 10 days from the date of miscarriage or stillbirth;

3. Where the pregnancy period is not less than 16 weeks but not more than 21 weeks: up to 30 days from the date of miscarriage or stillbirth;

4. Where the pregnancy period is not less than 22 weeks but not more than 27 weeks: up to 60 days from the date of miscarriage or stillbirth;

5. Where the pregnancy period is not less than 28 weeks: up to 90 days from the date of miscarriage or stillbirth.

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Korean original (law.go.kr) · Get articles as JSON via API

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