Many employees are surprised to learn that South Korean law provides significant protections for fathers following the birth of a child. Both Korean nationals and foreign resident employees working in Korea, are commonly entitled to paternal benefits.

Fathers are generally entitled to 20 working days of paid paternity leave following the birth of a child. From September 18, 2026, an employee can use his paternity leave 50 days before the expected date of a child’s birth. This leave should be taken within 120 days of the child’s birth and may be divided into a maximum of three separate periods. It is important to note that employers cannot refuse a qualifying employee’s request for statutory paternity leave.

Fathers who meet certain requirements may also apply for parental leave (육아휴직) to care for a young child. Depending on the circumstances, parental leave can last up to one year, with longer periods available in certain circumstances — such as if an employee and his spouse used more than 3 months of parental leave to care for the same child, if an employee is a single father, and if an employee has to care for a disabled child — under recent legal reforms. Additionally, under the revised law scheduled to take effect on August 20, 2026, the above parental leave includes leave for one or two weeks for reasons such as school breaks, school closures, or child illness.

During parental leave, eligible employees typically receive benefits through Korea’s Employment Insurance system rather than from their employer directly.

Korean employment law protects employees who exercise their parental leave rights. Employers are generally prohibited from dismissing, demoting, or otherwise causing disadvantages to an employee due to his paternity or parental leave. Employees are generally entitled to return to their previous position or an equivalent role after their parental leave ends.

As Korea continues to expand family-friendly workplace policies, employers should ensure that their internal policies and employment practices comply with current legal requirements.

For any questions regarding paternity leave, parental leave, or other legal matters in Korea, InterLEX can provide expert guidance with our fully Korean Bar licensed attorneys ensuring compliance with Korean laws and regulations.