Paid leave for infertility treatment to increase from 2 to 4 days starting November; penalties for disadvantage strengthened

Starting November 27, South Korea will extend the paid leave period for infertility treatment from the current two days to four days. This change, aimed at better supporting employees undergoing fertility treatments, also includes enhanced penalties for employers who discriminate against workers using this leave.

The expansion is part of amendments to the Equal Employment Opportunity and Work-Family Balance Assistance Act and the Employment Insurance Act. The maximum paid leave available for infertility treatment remains up to six days per year, but the initial paid period will now be four days. Consequently, the maximum daily wage subsidy for this leave will increase from 168,420 won to 336,840 won.

Furthermore, employers who disadvantage employees for taking infertility treatment leave could face penalties of up to three years in prison or a fine of up to 30 million won, a significant increase from previous regulations.

In addition to the paid leave expansion, the Ministry of Employment and Labor has broadened the scope of treatments covered. Previously, the leave primarily covered periods for medical procedures like artificial insemination and in-vitro fertilization, along with necessary rest periods. Now, it also includes time for infertility examinations and ovulation induction, which are essential preparatory steps before treatment.

To ease the application process, the ministry has also simplified the required documentation. Since May, individuals can use the 'Fertility Treatment Support Decision Notice' from the Ministry of Health and Welfare as an alternative to a medical diagnosis certificate when applying for leave benefits. The ministry also highlighted best practices from companies like Lotte Shopping, which renamed the leave 'Family Planning Leave' to protect employee privacy, and Ecopro, which implemented an independent approval system to shield applicants from managerial scrutiny.