(1) If an employee applies for leave to care for their grandparents, parents, spouse, the parents of their spouse, children, or grandchildren (hereinafter referred to as "family") due to such family member's disease, accident, or senility (hereinafter referred to as "family care leave"), the employer shall allow the employee to take such leave; provided, this shall not apply in cases prescribed by Presidential Decree, such as where it is impossible to hire substitute personnel, where the normal operation of the business would be significantly impeded, or where the grandparents have other lineal descendants or the grandchildren have other lineal ascendants in addition to the employee. <Amended on Feb. 1, 2012; Aug. 27, 2019>
(2) If an employee applies for leave to urgently care for their family (excluding cases prescribed by Presidential Decree, such as where grandparents or grandchildren have other lineal descendants or lineal ascendants in addition to the employee) due to such family member’s disease, accident, or senility, or to raise their children (hereinafter referred to as “short-term family care leave”), the employer shall allow the employee to take such leave; provided, where allowing the employee to take the leave at the time requested by the employee would significantly impede the normal operation of the business, the employer may change the timing of the leave in consultation with the employee. <Added on Aug. 27, 2019>
(3) If an employer does not allow an employee to take family care leave under the proviso of paragraph (1), the employer shall notify the employee in writing of the reason therefor and shall endeavor to take any of the following measures: <Added on Feb. 1, 2012; Aug. 27, 2019>
1. Adjusting the starting and ending times of work;
2. Restricting overtime work;
3. Adjusting working hours, such as reducing working hours or operating working hours flexibly;
4. Other supportive measures appropriate to the circumstances of the workplace.
(4) The period for using family care leave and short-term family care leave, the number of divided uses thereof, etc. shall be as follows: <Added on Aug. 27, 2019; Sep. 8, 2020>
1. The maximum period of family care leave shall be 90 days per year, and the employee may use it in separate segments; in such cases, each segment shall be at least 30 days.
2. The maximum period of short-term family care leave shall be 10 days per year [20 days (25 days in cases of an employee who is a mother or father defined in subparagraph 1 of Article 4 of the Single-Parent Family Support Act) where the period of short-term family care leave is extended under subparagraph 3], and it may be used on a daily basis; provided, the period of short-term family care leave shall be included in the period of family care leave.
3. Where the Minister of Employment and Labor deems it necessary to take special measures for employees to care for their family due to the issuance of a crisis alert at a serious level under Article 38 of the Framework Act on the Management of Disasters and Safety or the occurrence of a large-scale disaster equivalent thereto, such as the spread of an infectious disease, the Minister may, after deliberation by the Employment Policy Deliberative Council under Article 10 of the Framework Act on Employment Policy, extend the period of short-term family care leave within 10 days per year (within 15 days in cases of an employee who is a mother or father defined in subparagraph 1 of Article 4 of the Single-Parent Family Support Act); in such cases, the Minister of Employment and Labor shall publicly notify the period, grounds, etc. therefor without delay.
(5) Short-term family care leave extended under paragraph (4) 3 may be used only in any of the following cases: <Added on Sep. 8, 2020>
1. Where a crisis alert at a serious level under Article 38 of the Framework Act on the Management of Disasters and Safety is issued due to the spread of an infectious disease, and a family member is in need of care because they are a patient, a probable patient, or a pathogen carrier of the infectious disease that caused the alert as defined in subparagraphs 13 through 15 of Article 2 of the Infectious Disease Control and Prevention Act, or because they are classified as a symptomatic person among persons suspected of contracting the infectious disease under subparagraph 15-2 of Article 2 of that Act;
2. Where a child is in need of care due to an order for suspension of classes or temporary closure of schools issued under Article 64 of the Elementary and Secondary Education Act, an order for suspension of business or temporary closure issued under Article 31 of the Early Childhood Education Act, or an order for suspension of operation issued under Article 43-2 of the Child Care Act, with respect to a school under Article 2 of the Elementary and Secondary Education Act, a kindergarten defined in subparagraph 2 of Article 2 of the Early Childhood Education Act, or a child care center defined in subparagraph 3 of Article 2 of the Child Care Act (hereafter in this Article referred to as "school, etc."), to which the child belongs;
3. Where a child is in need of care because they become subject to quarantine at home under Article 42 (2) 1 of the Infectious Disease Control and Prevention Act due to the infectious disease under subparagraph 1, or because their attendance is suspended by a school, etc.;
4. Where any other ground determined by the Minister of Employment and Labor arises in relation to family care of employees.
(6) No employer shall dismiss the relevant employee, worsen their working conditions, or given them any other unfavorable treatment on grounds of family care leave or short-term family care leave. <Added on Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020>
(7) The period of family care leave or short-term family care leave shall be included in the period of continuous service; provided, it shall be excluded from the period for calculating average wages defined in Article 2 (1) 6 of the Labor Standards Act. <Added on Feb. 1, 2012; Oct. 27, 2019; Sep. 8, 2020>
(8) An employer shall endeavor to provide necessary psychological counseling services to assist their employees in maintaining a sound balance between work and family life. <Amended on Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020>
(9) If an employer takes measures under paragraph (1) or (2), the Minister of Employment and Labor may provide necessary support, taking into account effects on employment, etc. <Amended on Jun. 4, 2010; Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020>
(10) Matters necessary for the methods and procedures for applying for family care leave or short-term family care leave and other matters shall be prescribed by Presidential Decree. <Added on Feb. 1, 2012; Aug. 27, 2019; Sep. 8, 2020>[This Article Added on Dec. 21, 2007]