From 18 September, spouse birth leave can start before the birth
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, three splits and 120-day window after the birth stay the same. A new five-day spouse miscarriage/stillbirth leave (first three days paid) starts the same day. Whether employment insurance pays depends on whether the employer is a priority-support firm.
Conditions used in the video
- Effective
- 2026-09-18
- Leave
- 20 days (paid)
- Window
- 50 days before the due date to 120 days after the birth
- Splits
- up to 3
- Ordinary monthly pay
- ₩3M
Results
- Pay for the 20 days
- ₩2,000,000
- Priority-support firm: employment insurance
- ₩1,684,210
- Priority-support firm: employer
- ₩315,790
- Large firm: employer
- ₩2,000,000
- Insurance daily cap
- ₩84,210
- Spouse miscarriage/stillbirth leave (new)
- 5 days · first 3 paid
At a glance
Ordinary monthly pay ₩3M, all 20 days used. The leave itself is paid, so the 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
Spouse birth leave was leave taken after the baby arrived, 20 days within 120 days of the birth, in up to three pieces. When the mother was admitted or in and out of hospital before the birth, it could not be used.
From 18 September 2026 that changes.
남녀고용평등법 제18조의2, as amended effective 2026-09-18.
- Namespouse birth leave → spouse pre- and post-birth leave
- Startfrom 50 days before the due date
- End, days, splits120 days after the birth · 20 paid days · 3 splits, all unchanged
It is 20 days before and after combined. Days taken before the birth do not create another 20 afterwards.
One more thing starts the same day: leave for a spouse's miscarriage or stillbirth. Up to five days, the first three paid. Termination by surgery is excluded. No such leave existed before.
Now the money. The 20 days are paid, so wages continue. The question is where the money comes from.
고용보험법 제76조제1항제2호 and the benefit cap notice.
- Priority-support firm (most SMEs)insurance 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
On ordinary monthly pay of ₩3M, 20 days is ₩2,000,000. At a priority firm that is ₩1,684,210 from insurance plus ₩315,790 from the employer; at a large firm the employer pays the full ₩2,000,000. The worker receives the same total.
The insurance cap is ₩84,210 a day. Anyone on ordinary monthly pay above ₩2,526,315 hits it, and the difference is the employer's.
The new miscarriage/stillbirth leave works the same way: the first three days are paid by insurance, again only at priority-support firms, with a daily cap set by notice.
In short: from 18 September the 20 days can start 50 days before the due date, a five-day miscarriage/stillbirth leave is added, and the worker's pay is the same while firm size decides whether insurance or the employer pays.
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.
Same Act, 제18조의4 (spouse miscarriage/stillbirth leave, new)
In force Effective 2026-09-18
Where a worker requests leave for a spouse's miscarriage or stillbirth, the employer must grant leave within five days, and the first three days used are paid. Miscarriage following induced abortion surgery is excluded.
What this means
A leave that did not exist. Up to five days, first three paid.
고용보험법 제76조제1항제2호·제4호 (payment period)
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 and for the first three days of spouse miscarriage/stillbirth leave, 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. Above ordinary monthly pay of ₩2,526,315 everyone hits the cap and the employer covers the rest. 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
Do days taken before the birth reduce the days 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 is before 18 September?
The old provision applies: 20 days within 120 days of the birth, and nothing before the birth.
How do I know if my employer is a priority-support firm?
Schedule 1 to Article 12 of the Employment Insurance Act Enforcement Decree sets it by industry and headcount (500 or fewer in manufacturing, 300 in mining, construction, transport and telecoms, 200 in wholesale, retail, accommodation and food, 100 elsewhere), and any SME under the Framework Act on SMEs qualifies regardless of size. It can be checked by workplace on the employment insurance site.
So at a large firm you get nothing?
No. The leave itself is paid, so the employer pays ordinary wages in full. What is missing is the insurance benefit that reimburses the employer.
Is there an insurance benefit for miscarriage/stillbirth leave too?
Yes. The first three days are covered under Article 76(1)4 of the Employment Insurance Act, again only at priority-support firms, with a daily cap set by notice.
Does it apply to fixed-term and part-time workers?
Yes, to any worker; there is no restriction by employment type. The insurance benefit requires the worker to be insured under employment insurance.
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.