The paid portion of fertility treatment leave will expand from two days to four starting in November, and employers who retaliate against workers for taking the leave could face up to three years in prison.
The Ministry of Employment and Labor announced Sunday that it had published a guide on fertility treatment leave for employers and human resources managers, outlining the upcoming changes to the system.
Fertility treatment leave is a statutory entitlement for workers who are planning or undergoing fertility treatments such as artificial insemination or in vitro fertilization. Both male and female employees are eligible, and workers may take up to six days per year.
Under amendments to the Equal Employment Opportunity and Work-Family Balance Assistance Act and the Employment Insurance Act taking effect Nov. 27, the paid portion of the leave will increase from the first two days to the first four.
Accordingly, the government-supported wage cap for fertility treatment leave will double from the current maximum of 168,420 won ($121) to 336,840 won.
For workers at small and medium-sized enterprises designated as priority support targets, the government will cover wages for all four paid days. Larger companies must bear the full cost of the paid leave themselves.
Penalties for adverse treatment of workers who use fertility treatment leave will also be tightened.
Under current rules, employers who refuse to grant the leave when a worker requests it are subject to a fine of up to 5 million won. Employers are also prohibited from disclosing any information about a worker's fertility treatment that they learn during the leave application process.
Starting Nov. 27, a new criminal penalty provision will take effect: employers who dismiss, discipline, or otherwise disadvantage a worker for using fertility treatment leave will face up to three years in prison or a fine of up to 30 million won.
The scope of eligible leave use has also broadened since August last year. Previously, workers primarily used the leave on the day of a procedure — such as artificial insemination or in vitro fertilization — and during the recovery period immediately afterward. Workers may now also use the leave for essential preparatory steps before a procedure, including fertility testing and ovulation induction.
The wage application process is also being streamlined. Workers can apply for fertility treatment leave pay through the Employment24 website or their local employment center, submitting their application no earlier than one month after the leave begins and no later than 12 months after it ends. Employers who first guarantee paid leave may also apply for the government subsidy on behalf of their employees.
Since May, workers applying for fertility treatment leave pay may submit the Ministry of Health and Welfare's notification of approval for fertility treatment cost support in lieu of a separate medical certificate.
Alongside the expansion of the system, the ministry said it considers it important to prevent workers' fertility treatment from being unnecessarily disclosed in the workplace, and included examples of company practices in the guide.
Lotte Shopping's department store division renamed the leave "family planning leave" to minimize the chance that a worker's fertility treatment becomes apparent during the application process. Ecopro operates a separate approval system that allows only the human resources team — not department heads — to view leave applications.
Incheon International Airport Security allows workers to apply for the leave under a general "official leave" category rather than a separately labeled entry, so employees can use it without feeling scrutinized by supervisors or colleagues.
Jo Jeong-suk, director general of the ministry's employment support policy bureau, said the government would strengthen its support for fertility treatment leave as an important tool in addressing the low birth rate. "We will continue working to create an environment where workers can use the system without feeling pressure at the workplace," she said.
fact0514@heraldcorp.com
