Korea introduced a separate five-day leave entitlement for an employee whose spouse experiences a miscarriage or stillbirth on September 18, 2026. On the same date, maternity-leave periods were extended for preterm and multiple births, and the situations in which a pregnant employee may use childcare leave before birth were broadened.
These are three different rules. Employees should check who is eligible, the triggering event, the deadline, and the documentation for each one. This guide reflects the Korean Ministry of Employment and Labor and government policy briefing available on September 19, 2026.
1. Five days of spousal leave after miscarriage or stillbirth
An employee may now take five days of leave when the employee's spouse experiences a miscarriage or stillbirth.
- Use window: within 90 days of the miscarriage or stillbirth
- Leave entitlement: five days
- Government wage support: for eligible employees at priority-support enterprises, support may apply to the first three days
The five-day entitlement and the government's support period are not the same thing. Do not describe the rule as five days fully paid by the government for every employee. Check whether the employer qualifies as a priority-support enterprise and which party must submit the benefit claim.
Because pregnancy loss is sensitive medical information, employees may also wish to ask HR which documents are necessary and whether the company can avoid collecting unnecessary details.
2. Longer maternity leave for preterm and multiple births
Certain maternity-leave periods have increased:
| Situation | Previous period | From September 18, 2026 |
|---|---|---|
| Preterm birth | 90 days | 100 days |
| Multiple birth | 120 days | 140 days |
The employee will still need to follow the employer's and employment-insurance procedures for confirming the birth date and the applicable condition.
3. Broader use of childcare leave during pregnancy
The circumstances in which a pregnant employee may use childcare leave before childbirth have been expanded. The rule now covers, among other legally recognized cases:
- the first 12 weeks of pregnancy;
- pregnancy from week 32 onward; and
- recognized risks of miscarriage or stillbirth.
Time used before childbirth counts against the employee's overall childcare-leave period. Employees should therefore consider both the immediate health need and the amount of leave they expect to need after birth.
Which rule should you check first?
| Situation | Rule to check | Main point |
|---|---|---|
| Your spouse experienced miscarriage or stillbirth | Spousal pregnancy-loss leave | Five days, used within 90 days |
| You had a preterm or multiple birth | Maternity leave | Whether the 100-day or 140-day period applies |
| You are in early or later pregnancy | Prenatal childcare leave | Gestational week and remaining post-birth leave |
| You face a recognized pregnancy-loss risk | Prenatal childcare leave | Medical evidence and workplace procedure |
The new spousal leave and the pregnant employee's own leave are different entitlements. If both spouses are employees, each person should separately check the procedure at their own workplace and any employment-insurance support.
Before you apply
- [ ] Identify whether the application is for the spouse's leave or the pregnant employee's own leave.
- [ ] Confirm the event date, birth date, or gestational week.
- [ ] Check the statutory use window and the employer's filing deadline.
- [ ] Ask what evidence is required and limit unnecessary medical disclosure.
- [ ] If using prenatal childcare leave, calculate the period that will remain after birth.
- [ ] Check priority-support enterprise status and who files the benefit application.
Important wording boundaries
- The employee's spousal leave is five days, while government wage support for qualifying priority-support enterprises concerns the first three days.
- Broader prenatal use does not mean that a separate additional childcare-leave balance was created.
- The 100-day and 140-day periods concern maternity leave for preterm and multiple births respectively.
Forms and evidence requirements may vary by employer and benefit process. Confirm the latest procedure with your HR department or Korea's Ministry of Employment and Labor before filing.
Korean Naver version: Read on Life Mokcha's Naver Blog
About the Author
The Life Mokcha editorial team explains Korean living policies and public services by checking eligibility, deadlines, and application steps against official announcements and practical user workflows. This article provides general information and is not legal advice for an individual case.
References
- Korean Government Policy Briefing, guidance on the three family-leave measures (September 17, 2026; checked September 19, 2026)
- Yonhap News Agency, family-leave rule changes effective September 18 (September 17, 2026; checked September 19, 2026)
