Leave for a spouse's miscarriage has only 20 days to claim it
From 18 September 2026, up to five days of leave can be taken when a spouse has a miscarriage or stillbirth, the first three of them paid. But the claim must be made within 20 days of the loss.
Conditions used in the video
- In force from
- 18 September 2026
- Days of leave
- up to five
- Paid
- the first three
- Claim within
- 20 days of the loss
- Insurance benefit
- priority support enterprises only
Results
- Days to claim
- 20
- Paid days
- 3
- Unpaid days
- 2
- On a ₩4M monthly wage
- ₩133,333 a day
- Three paid days
- ₩400,000
At a glance
How long there is to claim.
- Spouse's birth leave120 days
from the date of birth
- Spouse's miscarriage leave20 days
from the date of the loss
Why it works this way
The date first. This leave begins on 18 September 2026. It cannot be claimed for a loss that happened before then.
Until now there has been no statutory leave for a worker whose spouse has a miscarriage or stillbirth. A new 제18조의4 in 남녀고용평등법 changes that.
제18조의4제1항.
- Days that can be claimedup to five
- Paidthe first three
- The resttwo days unpaid
Take all five and wages follow for the first three only. The other two can be taken without pay.
What this episode is really about is not the money but the deadline.
Spouse's birth leave can be taken any time within 120 days of the birth. This leave must be claimed within 20 days of the miscarriage or stillbirth, a window six times shorter.
Consider what those 20 days are. They are the days of a funeral and of looking after a spouse. Telling the employer is exactly the thing that slips, and if it slips, the right is gone.
고용보험법 제76조제1항제4호.
- Priority support enterpriseinsurance covers the three paid days
- Any other employerno insurance benefit
- Butthe leave is paid, so the employer pays it all
Nothing is lost. Only the payer differs. Either way the worker receives three days of the ordinary wage.
On a monthly ordinary wage of ₩4M that is about ₩133,000 a day, so the three paid days come to ₩400,000.
What employment insurance covers has a ceiling. Ministry of Employment and Labor Notice No. 2026-67, in force from 2026-09-18, sets it at ₩84,210 a day, or ₩252,630 for the three paid days. But the leave is paid and the employer is released only up to what insurance actually pays, so the total received is three days of the ordinary wage whatever the ceiling. The ceiling only changes how insurance and the employer split those three days.
There are cases it does not cover. A miscarriage resulting from an induced termination is excluded, though where the grounds in 모자보건법 제14조제1항 apply, the case falls outside that exclusion and the leave can be claimed.
Finally, dismissal or any other disadvantage for taking this leave is prohibited. Where that happens, a complaint can be made to the regional employment and labor office for the workplace.
So from 18 September 2026, three of five days are paid, and the claim has to be made within 20 days. The window is short, so if this happens, tell the employer first.
The legal basis
Drawn from government announcements and the statutes themselves as primary sources, covering only the relevant part.
남녀고용평등법 제18조의4제1항 (new, in force 2026-09-18)
In force in force 2026-09-18
Where a worker requests leave on the ground of a spouse's miscarriage or stillbirth, the employer must grant leave within a limit of five days, of which the first three days used are paid. This does not apply to a miscarriage resulting from an induced termination, except where the grounds under 모자보건법 제14조제1항 apply.
What this means
Up to five days, with only the first three paid. Induced terminations are excluded, but the statutory grounds are carved back out of that exclusion.
같은 조 제3항 (the claim window)
In force in force 2026-09-18
The leave must be claimed within 20 days from the date of the spouse's miscarriage or stillbirth.
What this means
🔴 Twenty days. Spouse's birth leave runs 120 days from the birth, six times longer.
같은 조 제2항·제4항 (release and protection)
In force in force 2026-09-18
Where maternity leave benefit has been paid, the employer is released from liability up to that amount. An employer may not dismiss or otherwise disadvantage a worker on the ground of this leave.
What this means
The employer is released only up to what insurance pays, so the total the worker receives does not fall. Disadvantage for taking the leave is prohibited.
고용보험법 제76조제1항제4호 (what insurance covers)
In force in force 2026-09-18
An amount equal to the ordinary wage is paid for the first three days of leave under 제18조의4, limited to insured persons at a priority support enterprise.
What this means
The benefit covers the three paid days only, and only at a priority support enterprise.
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 can this be used?
From 18 September 2026, when 남녀고용평등법 제18조의4 comes into force. It cannot be claimed for a loss that happened before that date.
Are all five days paid?
No. 제18조의4제1항 grants leave within a limit of five days but makes only the first three of them paid. The other two can be taken without wages.
Why is the window so short?
The provision sets 20 days; it gives no reason. Set against the 120 days for spouse's birth leave it is six times shorter, so if this happens it is safest not to put off telling the employer.
Does employment insurance pay?
At a priority support enterprise the three paid days come through as maternity leave benefit. Elsewhere there is no insurance benefit and the employer pays it all. Either way the total is the same and only the payer differs.
What is the ceiling?
₩84,210 a day. The maternity leave benefit ceiling notice in force from 2026-09-18 (Ministry of Employment and Labor Notice No. 2026-67) sets the ceiling 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.
What if I am penalised for taking it?
제18조의4제4항 prohibits dismissal or any other disadvantage on the ground of this leave. A complaint can be made to the regional employment and labor office for your workplace.
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.