Spouse miscarriage/stillbirth leave introduced — effective 18 September 2026 | 3 of 5 days paid
Spouse miscarriage/stillbirth leave is being introduced. Under an amendment to the Equal Employment Act, it becomes available within a 5-day range from 18 September 2026. The first 3 days are paid and the remaining 2 unpaid, and it must be claimed within 20 days from the date of the miscarriage or stillbirth.
Conditions used in the video
- Effective date
- 2026-09-18
- Basis
- Equal Employment Act Article 18-4 (new)
- Leave days
- within 5 days
- Paid
- first 3 days (remaining 2 days unpaid)
- Claim deadline
- 20 days from the date of miscarriage/stillbirth
- Ordinary monthly pay (example)
- ₩4M
Results
- Effective date
- 2026-09-18
- Leave days
- 3 of 5 days paid
- Claim deadline
- 20 days
- Daily ordinary pay (on ₩4M monthly)
- ₩133,333
- 3 paid days
- ₩400,000
At a glance
Ordinary monthly pay ₩4M, all 5 days used.
- Paid3 days
3 days' ordinary pay, ₩400,000
- Unpaid2 days
usable but unpaid
Why it works this way
Spouse miscarriage/stillbirth leave is being introduced. Under an amendment to the Equal Employment Act, it becomes available within a 5-day range from 18 September 2026.
Right now, there is no statutory leave even when a worker's spouse has a miscarriage or stillbirth. Workers have used annual leave or relied on the employer's discretion.
Equal Employment Act Article 18-4 (new, effective 2026-09-18).
- NowNo statutory leave (annual leave or employer discretion)
- From 2026-09-18New leave within a 5-day range
- Paid portionFirst 3 days (remaining 2 days unpaid)
Even using all 5 days, only the first 3 are paid.
The amendment creates leave within a 5-day range and sets the first 3 days as paid. The remaining 2 days are unpaid.
A worker on ordinary monthly pay of ₩4M receives ₩133,333 a day, or ₩400,000 for the 3 paid days.
Employment Insurance Act Article 76(1)4.
- Priority-support firmemployment insurance covers the 3 paid days
- Other firmsno insurance benefit, so the employer pays in full
- Worker's totalthe same either way: 3 days' ordinary pay
Employment insurance covers up to ₩84,210 a day (Ministry of Employment and Labor Notice No. 2026-67). The cap only changes how the 3 days' pay is split between insurance and the employer.
The claim deadline is 20 days from the date of the miscarriage or stillbirth. At a priority-support firm, employment insurance covers the 3 days' pay.
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 miscarriage/stillbirth leave is introduced, 3 of the 5 days are paid, and claims must be made within 20 days. It cannot be claimed for events before the effective date.
The legal basis
Drawn from government announcements and the statutes themselves as primary sources, covering only the relevant part.
Equal Employment Act Article 18-4(1) (spouse miscarriage/stillbirth leave, new)
In force Effective 2026-09-18
Where a worker requests leave on the ground of the worker's spouse's miscarriage or stillbirth, the employer must grant leave within a 5-day range, and of the leave period used, the first 3 days are paid. This does not apply to a miscarriage resulting from an induced abortion (excluding cases under Article 14(1) of the Mother and Child Health Act).
What this means
🔴 A leave that did not exist is newly created. Up to 5 days can be used, and only the first 3 are paid.
Same Article, paragraph 3 (claim deadline)
In force Effective 2026-09-18
Spouse miscarriage/stillbirth leave must be claimed within 20 days from the date the spouse had the miscarriage or stillbirth.
What this means
It must be claimed within 20 days, far shorter than the 120 days for spouse pre- and post-birth leave.
Same Article, paragraphs 2 and 4 (offset and prohibition of disadvantage)
In force Effective 2026-09-18
Where maternity leave benefit, etc. has been paid, the employer is released from liability for payment to that extent. The employer must not dismiss a worker or subject the worker to other unfavorable treatment on the ground of this leave.
What this means
The employer is released from liability only to the extent employment insurance has paid, so the worker's total does not decrease. Disadvantage on the ground of this leave is prohibited.
Employment Insurance Act Article 76(1)4 (benefit eligibility)
In force Effective 2026-09-18
For the first 3 days of the spouse miscarriage/stillbirth leave period under Article 18-4, an amount equivalent to ordinary wages is paid, but only where the insured person's workplace is a priority-support firm.
What this means
The employment insurance benefit is paid only for the 3 paid days, and only to workers at priority-support firms. Notice No. 2026-67 sets the cap at ₩84,210 a day.
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 Miscarriage and Stillbirth Leave
Frequently asked
When does this take effect?
From 18 September 2026, when Equal Employment Act Article 18-4 takes effect. This leave cannot be claimed for a miscarriage or stillbirth that occurred before that date.
Is there really no leave right now?
There is no statutory leave. Workers have relied on annual leave or on condolence leave under a company's work rules or collective agreement. The amendment adds a statutory leave in that place.
Are all 5 days paid?
No. Leave is granted within a 5-day range, but of the period used, only the first 3 days are paid. The remaining 2 days can be used but are unpaid.
Do workers at non-priority-support firms get nothing?
They still receive it. The leave is paid, so the employer pays 3 days' ordinary wages. Only the employment insurance reimbursement to the employer is missing. The worker's total is the same.
What is the cap amount?
₩84,210 a day. The maternity leave benefit cap notice in force from 2026-09-18 (Ministry of Employment and Labor Notice No. 2026-67) sets the cap for this leave at ₩84,210 for the first day, ₩168,420 for two days and ₩252,630 for three. Even on a higher ordinary wage the worker still receives 3 days' ordinary pay in total, with the employer paying whatever insurance does not.
Could the effective date change?
The effective date of the promulgated statute is 18 September 2026. Details are still being set by decree and notice and may change, and this page will be updated once the decree 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.