Spouse birth leave, now usable before the birth — effective 18 September 2026 | from 50 days before the due date
Spouse birth leave can now be taken before the birth. An amendment to the Equal Employment Act promulgated last March takes effect on 18 September 2026. The leave is renamed 'spouse pre- and post-birth leave' and can start 50 days before the due date, while the 20 paid days, 3 splits and 120-day window after the birth stay the same.
Conditions used in the video
- Effective date
- 2026-09-18
- Promulgated
- 2026-03-17
- What changes
- the name · usable from 50 days before the due date
- What stays the same
- 20 paid days · 3 splits · 120 days after the birth
- Ordinary monthly pay (example)
- ₩3M
Results
- Start of the window
- 50 days before the due date
- End of the window
- 120 days after the birth (unchanged)
- Leave
- 20 paid days · 3 splits (unchanged)
- 20 days' pay (₩3M monthly)
- ₩2M
- Priority-support firm · employment insurance
- ₩1,684,210
- Priority-support firm · employer
- ₩315,790
- Large firm · employer
- ₩2M
At a glance
Ordinary monthly pay ₩3M, all 20 days used. The leave itself is paid, so the worker's total is the same.
- Priority firm · insurance₩1,684,210
20-day cap
- Priority firm · employer₩315,790
above the cap
- Large firm · employer₩2,000,000
insurance ₩0
Why it works this way
Right now, spouse birth leave can only be taken within 120 days of the spouse's birth. It cannot be used before the birth.
An amendment to the Equal Employment Act promulgated last March takes effect on 18 September 2026. It renames the leave 'spouse pre- and post-birth leave' and allows it to start 50 days before the due date. The 20 paid days and 3 splits stay the same.
남녀고용평등법 제18조의2 (promulgated 2026-03-17, effective 2026-09-18).
- Namespouse birth leave → spouse pre- and post-birth leave
- Startfrom the birth → from 50 days before the due date
- End120 days after the birth (unchanged)
- Days · splits20 paid days · 3 splits (unchanged)
It is 20 days before and after combined. Days taken before the birth reduce the days left afterwards.
On ordinary monthly pay of ₩3M, the 20 days come to ₩2M. At a priority-support firm, employment insurance pays up to the 20-day cap of ₩1,684,210 and the employer covers the remaining ₩315,790. At a large firm, there is no insurance payment, so the employer pays the full ₩2M.
고용보험법 제76조제1항제2호 and the maternity benefit cap notice.
- Priority-support firminsurance pays up to the 20-day cap of ₩1,684,210
- The amount above thatthe employer pays (the leave is paid leave)
- Large firminsurance ₩0, the employer pays it all
The worker's total is the same either way. Only who pays it differs by firm size. The daily cap of ₩84,210 is the current notice and may change once a new notice aligned to the amendment is issued.
The rule that the leave cannot be used once 120 days have passed since the birth stays in place. If the birth happens before 18 September, the old provision applies, and the leave is usable only within 120 days after the birth.
This video and explainer cover a rule that has been promulgated but is not yet in force. Details may change through decrees or notices, and the effective date could shift.
In short: from 18 September 2026, spouse birth leave becomes 'spouse pre- and post-birth leave' and can start 50 days before the due date; the 20 paid days, 3 splits and 120-day window stay the same; and whether employment insurance or the employer pays depends on whether the firm is a priority-support firm.
The legal basis
Drawn from government announcements and the statutes themselves as primary sources, covering only the relevant part.
남녀고용평등과 일·가정 양립 지원에 관한 법률 제18조의2 (spouse pre- and post-birth leave)
In force Effective 2026-09-18 (amendment promulgated 2026-03-17)
Where a worker gives notice of leave for a spouse's pregnancy and childbirth, the employer must grant 20 days, and the days used are paid. The leave may be taken from 50 days before the spouse's due date and may not be used once 120 days have passed since the birth. It may be split into up to three periods.
What this means
🔴 'Pregnancy and childbirth' widens the ground and 'from 50 days before the due date' is new. The 20 days, paid status, three splits and 120-day limit are unchanged.
고용보험법 제76조제1항제2호 (payment period, etc.)
In force Effective 2026-09-18
Maternity-type benefit is paid, at the amount of ordinary wages, for the spouse pre- and post-birth leave period, but only where the insured person's workplace is a priority-support firm.
What this means
Insurance pays only at priority-support firms. At a large firm the leave is still paid, by the employer in full.
Maternity benefit cap notice (고용노동부고시 제2025-124호)
In force Applies from 2026-01-01
Spouse birth leave, 20 days: cap ₩1,684,210.
What this means
₩84,210 a day. On ordinary monthly pay of ₩3M, of the ₩2M for 20 days, insurance covers ₩1,684,210 and the employer covers ₩315,790. A new notice aligned to the 18 September amendment may change this figure.
Run it on your own numbers
The calculator opens with these conditions already filled in. Change the figures and your own case comes straight out.
Open the Spouse's Birth and Fertility Treatment Leave
Frequently asked
When does this take effect?
From 18 September 2026, the effective date of the Equal Employment Act amendment promulgated on 17 March 2026.
What changes and what stays the same?
What changes is the name (spouse pre- and post-birth leave) and the start of the window (50 days before the due date). The 20 paid days, the 3 splits, and the 120-day end point after the birth stay the same.
Do days taken before the birth reduce the days available after?
Yes. It is 20 days before and after combined, taken in up to three pieces inside the window from 50 days before the due date to 120 days after the birth.
What if the birth happens before 18 September?
The old provision applies. The 20 days must still be used within 120 days of the birth, and none of it can be taken before the birth.
Do workers at large firms get no money?
No. The leave itself is paid, so the employer pays ordinary wages in full. What's missing is only the insurance benefit that reimburses the employer.
Could the details change before it takes effect?
Yes. The promulgated statute itself is fixed, but details such as the insurance benefit cap are set by decrees and notices. This page will be updated if a new notice is issued.
Results are estimates based on the inputs and on the rules as at the stated date. They may differ from a lender's actual assessment, and the rules change often. Take professional advice before any decision that matters.