(1) If a pregnant female employee or any employee applies for a leave of absence (hereinafter referred to as “childcare leave”) in order to protect maternity or to raise their child aged 8 years or younger or in the second grade or lower of elementary school (including an adopted child; hereinafter the same shall apply), the employer shall allow the employee to take such leave; provided, this shall not apply in cases prescribed by Presidential Decree. <Amended on Feb. 4, 2010; Jan. 14, 2014; Aug. 27, 2019; May 18, 2021>
(2) The period of childcare leave shall not exceed 1 year; provided, an employee falling under any of the following subparagraphs may take additional childcare leave of up to 6 months: <Amended on Oct. 22, 2024>
1. A father or mother where both parents have taken childcare leave for the same child for at least 3 months each;
2. A father or mother defined in subparagraph 1 of Article 4 of the Single-Parent Family Support Act;
3. The father or mother of a child with a disability prescribed by Decree of the Ministry of Employment and Labor.
(3) No employer shall dismiss an employee or give them any other unfavorable treatment on account of childcare leave, nor shall the employer dismiss the employee during the period of childcare leave; provided, this shall not apply where the employer is unable to continue the business.
(4) After an employee completes childcare leave, the employer shall reinstate them to their previous duties or to other duties paying the same level of wages. The period of childcare leave under paragraph (2) shall be included in the period of the employee’s continuous service.
(5) The period of childcare leave taken by a fixed-term employee or a temporary agency worker shall be excluded from the employment period under Article 4 of the Act on the Protection of Fixed-Term and Part-Time Employees and from the employment period of a temporary agency worker under Article 6 of the Act on the Protection of Temporary Agency Workers. <Added on Feb. 1, 2012; Apr. 30, 2019; May 26, 2020>
(6) Matters necessary for the methods and procedures for applying for childcare leave and other matters shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012>[This Article Wholly Amended on Dec. 21, 2007]