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Family & childcare

Spouse's childbirth leave usable from 50 days before the due date, plus a new miscarriage leave, from 18 September 2026

ScheduledTakes effect: 2026-09-18
WorkersFamiliesEmployersForeign residentsNew citizens & PR holders

From 18 September 2026 three changes widen the support available to a worker whose spouse is giving birth. Spousal childbirth leave, previously usable only after the birth, can be taken from 50 days before the due date; a new leave is created for a spouse's miscarriage or stillbirth; and a worker may start parental leave before the child is born where the pregnant spouse faces a health risk such as miscarriage or premature birth. The same date narrows the grounds on which an employer can refuse reduced working hours for childcare.

What changes

First, the window for spousal childbirth leave moves earlier. Until now it could only be taken after the birth. From the effective date, the 20 days can be placed anywhere between 50 days before the due date and 120 days after the birth. The point is that the leave can now cover the period when help is most needed, such as hospital visits and admission in the run-up to delivery.

Second, a spousal miscarriage and stillbirth leave is created. Where a spouse suffers a miscarriage or stillbirth, up to five days of leave may be taken, of which the first three are paid. At priority support enterprises the benefit is based on 100% of ordinary wages, with a cap of 252,630 won for the three days. Until now there was no statutory leave for this situation and workers had to fall back on annual leave.

Third, where a pregnant spouse faces a health risk such as miscarriage or premature birth, parental leave may begin before the child is born. In that case the application must be filed at least seven days before the intended start date. From the same date, 'being unable to hire a replacement worker' is removed from the grounds on which an employer may refuse reduced working hours for childcare. That excuse no longer works, and the change applies to applications filed on or after 18 September 2026.

Who this applies to

  • Workers whose spouse is about to give birth, especially where the due date falls such that the earlier window is actually usable.
  • Workers whose spouse has suffered a miscarriage or stillbirth and who until now had no statutory leave and had to use annual leave or take unpaid absence.
  • Workers whose pregnant spouse is in an unstable condition and who need to be present before the birth rather than after it.
  • Workers who have previously been refused reduced working hours because the employer could not find a replacement. That ground disappears for applications from 18 September 2026.
  • Nationality makes no difference to the right itself. Leave entitlements under the Equal Employment Act belong to workers, and Article 6 of the Labor Standards Act prohibits nationality-based discrimination. Benefits paid from employment insurance, such as the miscarriage leave payment, do require insured status, and for E-9 and H-2 workers under the employment permit system the unemployment and parental leave chapters apply only where a separate enrolment application has been made.
  • Employers and HR teams need to revise work rules, leave application forms and attendance codes before 18 September.

What to do now

  1. 1Count back 50 days from your spouse's due date and check whether that date falls on or after 18 September 2026. That determines whether you can use the leave before the birth at all.
  2. 2Plan how to allocate the 20 days. Splitting them between pre-birth hospital visits, the day of delivery and the postnatal recovery period keeps you from missing the moments that matter most.
  3. 3Tell your HR team about the change and check that forms exist for pre-birth use and for miscarriage leave. Applications often stall because the rules changed but the internal paperwork did not.
  4. 4If you need parental leave before the birth because of a health risk to your pregnant spouse, remember the seven-day notice requirement and start arranging dates as soon as you have a diagnosis.
  5. 5If you are applying for reduced working hours for childcare, it is to your advantage to file on or after 18 September. Applications from that date cannot be refused on replacement-hiring grounds.
  6. 6If you are refused or given no guidance, call the Ministry of Employment and Labor counselling centre on 1350. Foreign-language counselling is available.

Commonly misunderstood

  • The number of days has not increased; the window in which they can be used has moved. Spousal childbirth leave remains 20 days.
  • Using it all before the birth leaves nothing for afterwards. You are distributing a fixed total of 20 days.
  • Not all five days of miscarriage and stillbirth leave are paid. The first three are, with a cap of 252,630 won for those three days.
  • Parental leave before the birth is not available on request in every case. It is limited to situations where the pregnant spouse faces a health risk such as miscarriage or premature birth.
  • The change to reduced working hours applies to applications made on or after the effective date. A refusal already given does not reverse itself, so you have to apply again.
  • The effective date is 18 September 2026. Applications filed before then are governed by the previous rules.

Official sources

The links below are official government publications. This page summarises them; always check the original before filing or applying.

Verified on: 2026-08-29

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Related policy updates

This page explains a policy change and is not legal advice. Confirm how it applies to your situation with the responsible agency.

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Spouse's childbirth leave usable from 50 days before the due date, plus a new miscarriage leave, from 18 September 2026