Regarding the use of maternity and parental leave by pregnant female foreign workers

<Question> I am a female foreign worker with an E-9 visa. I've been pregnant for about 4 months now. I wonder what kind of support a foreign worker can receive when they have a baby in Korea. I heard that there are maternity and parental leave systems, but does this apply to foreign workers as well? If you can apply, please let me know what documents I need to prepare.

<Answer> Maternity and parental leave also apply to foreigners. To use either system, you must apply to the company. Let us tell you about these two systems.

1. Maternity Leave

Women who are currently pregnant are entitled to 90 days of leave before and after childbirth, and 120 days before and after childbirth in the case of multiple births. It does not matter when you start using the leave, but it should be used with at least 45 days (60 days or more in the case of multiple fetuses) after childbirth.

The support for the first and second months of maternity leave is paid by the company on the pay day, and the pay for the last month (third month) is paid by the Ministry of Employment and Labor. When applying for maternity leave, you must contact the company for the required documents.

You can apply for maternity leave support within one year by preparing the following documents to the Ministry of Employment and Labor for the third month of maternity leave. ▲ Application for maternity leave benefits ▲ One copy of confirmation of maternity leave ▲ Documents that can be verified if money or other valuables are paid by the employer during the vacation period ▲ A copy of documents confirming normal wages (employment contract, wages for 3 months before the start date of leave), etc.)

2. Parental Leave

Parental leave refers to leave applied and used by pregnant female or male workers to raise children under the age of 8 or under the second grade of elementary school. However, if the employee has been working for less than 6 months, the employer may refuse to take parental leave.

The period of parental leave is one year. For each child you can use it for one year, and if there are two children, it can be used for one year each for two years.

If both parents are workers, both father and mother can use one year for one child, and both parents can use parental leave for the same child at the same time.

The salary received during parental leave is 80% of the normal wage. In this case, the upper limit is 1.5 million won per month, and the lower limit is 700,000 won per month. However, 25% of the maternity leave pay is added up 6 months after returning to work and paid as a full.

You can apply for parental leave benefits at the job center that has jurisdiction over your place of residence or business location. Required documents include: ▲Parental leave benefit application ▲A copy of confirmation of parental leave ▲A copy of proof of normal wages (wage book, labor contract, etc.), ▲ A copy of the document confirming receipt of money or valuables from the employer during the maternity leave period, etc.

There is one thing you must know. Maternity leave is quite common in Korea, so it is not difficult for Koreans to take maternity leave. However, due to the nature of companies that employ foreign workers through the Employment Permit System, there is a high possibility that employers will not welcome maternity leave for foreigners. In this case, conflict is expected. If your employer refuses to take maternity leave, you can file a complaint with the Ministry of Employment and Labor.

Parental leave is more difficult. It is not easy for Koreans to take parental leave in small businesses, except for public institutions and medium to large enterprises. If the employer refuses to take parental leave, similarly, a complaint can be made to the Ministry of Employment and Labor. When a complaint is received, the Ministry of Employment and Labor will investigate it.

If the Ministry of Employment and Labor's investigation confirms refusal of maternity or parental leave, the employer will be subject to a fine of 5 million won.

Legal Consultation for Foreign Residents ‘Papaya Story Living Legal Visa Support Center’ English 031-8001-0211 / Law Firm (Limited) Min ‘Immigration Legal Support Team’ 02-3477-5550, email beobil2002@lawmin.net