Tuesday, 18 March 2014

Paternity Leave in Korea

Updated 5 September 2016

Yesterday I wrote about maternity leave in Korea. You have similar problems with maternity leave as with paternity leave. Although some employers will balk at offering you paternity leave, legally you are entitled to get it. Some employers will simply tell you no out of ignorance while others will tell you no despite the fact that they know the opposite to be true. Sometimes they will try to tell you that Saturday and Sunday count towards paternity leave. Whether or not you fight it is up to you. Here's what the laws say as far as employment insurance go. Here's some information in English.

Legally you are entitled to 5 days paid paternity leave. You get 5 days. Some places only give 3 days since they don't know the law recently changed "Act on Equal Employment and Support for Work-Family Reconciliation Article 18.2" (Paternity Leave) and became effective August 2012.

Keep in mind that while legally you are entitled to paternity leave, they may decide that you can't get it at all, or that you have to pay for a replacement, or that fighting for paternity leave may cost you your job.

Additional Time Off: Parental leave
You can take up to a year off as unpaid leave (though here it says they get 40% of their base salary with a max of 1 mil won) known in Korea as childcare leave "육 아휴직". You can legally take up to a year of unpaid leave while your child is under 6 (72 months) providing you've been with the same employer more than a year. There is a grey area surrounding teachers who are on a one year contract that have been renewed.

Paternity leave advice on EPK!

Paternity leave advice on AFIK

Paternity leave advice online

General Legal Advice
  • American Embassy Lawyer List
  • Ask Korea Law
  • ATEK had a huge list of lawyers on their Legal Resource page but no longer exists and I don't know how to find the cache of this.
  • Korea Business Central
  • Korean Laws in English
  • Labour Board: 1350 and 031-259-0203
  • Legal Office for Foreign Teachers (LOFT) Facebook group. Be sure to check out the files.
  • List of Lawyers (LOFT) (Legal Office for Foreign Teachers)
  • Immigration: 1345. They're open from 9 to 5pm, but closed for lunch between 12-1pm. Press 1 for Korean, 2 for Chinese, and 3 for English. Have your ARC ready because you get faster service if you enter your ARC number. 
  • Kangnam Labor Law Firm
  • KLAC (Korea Legal Aid Corporation) 
  • Practical Advice for Legal Situations (PALS) on Facebook. Be sure to check out the files.
  • Seoul Bar Association on Mondays from 2:00 to 5:00 PM has free legal advice. To get there take the subway to Seocho Station on Line #2 to Seocho Station (224) and go out exit 7. The office is behind the Hyundae Gas Station. Tel: 3476-8080.  
  • Seoul Global Center: 02-2075-4138. They have lots of useful info about living in Korea. They can also exchange driver's license for Korean ones for Canadians. 
  • Union TNC, Seoul, Jongro-gu, kyong eun dong, SK Building, 1st floor, Office 113. (Its by Anguk Station).Tel: 02-318-5274; Email:uniontnc@gmail.com 

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