The most popular topic of discussion during the lunch hour at Company A, an IT company, is a popular TV show about a father and his children. Male workers at Company A are quite interested in childcare leave and paternity leave along with other populist policies normally related to female employment. The company is facing an increasing number of requests for paternity leave and childcare leave, something which it has not seen before. What points should the company be aware of?
Childcare of male workers and legal system
As the popular TV show indicates, there is an increasing number of fathers handling childcare these days. As a background to this ‘childcare by fathers’ trend, there lies the Korean birth rate (which has been decreasing since 2001), various polices to increase the birth rate, and a social atmosphere where fathers play an increasingly important role as ‘emotional supporter’ in childcare. In other words, when couples are able to spend more time together or fathers are able to participate more in childcare, this increases the mothers’ satisfaction with childcare and positively influences the birthrate.
Moreover, to promote more childbirths and childcare by male workers, the government announced that it would introduce a “month for fathers”, giving a month leave to male workers if their spouses give birth. Under this labor law, what leave days are allowed for fathers?
Birth leave for male workers?
The Labor Standards Act gives 90 days of paid maternity leave (45 days should be taken after the childbirth) to expectant female workers. The leave days are for women (those who give birth), and for more direct maternity assistance. Fathers, on the other hand, do not give birth, but have become parents along with their wives. What leave days are available for them?
The Labor Standards Act stipulates additional leave days for a male worker whose wife gave birth. This is known as birth leave for spouses, and employers should give a minimum of 3 days and a maximum of 5 days of paid leave if a male worker requests it, in the context of his wife giving birth. The leave days are to benefit mothers by allowing male workers to share the responsibility of being a parent. The legislative intent and the applicant are different than those for maternity protection.
Therefore, unlike maternity leave that employer must give regardless whether it is requested or not, leave days for spouses are given upon request. Employers also do not need to give 5 days, since the law stipulates 3 to 5 days of paid leave, nor do they need to make more than 3 days paid leave. Employers must give these leave days if a workers requests them.
Can workers claim 5 days of paternity leave anytime they wish?
According to the Act on Equal Employment & Support for Work-Family Reconciliation, “an employer shall grant leave days if a worker requests leave days on grounds of his spouse’s childbirth.” Then the question arises: should employers grant leave days whenever a worker requests them, regardless of the day of childbirth?
In principle, a worker cannot apply for spousal leave days after 30 days from the day his spouse gave birth. Workers should request their leave days within 30 days from the delivery day, and employers do not have an obligation to give spousal leave days after this initial 30 days.
At the moment, the 5 leave days refer to calendar days. If Saturday and Sunday are included in the leave days, those days are included in the 5 days. Since leave days should be used consecutively, dividing up the leave days into Wednesday~Friday, and Monday~Tuesday to avoid off-days being included, is not permitted without an agreement between labor and management.
Are male workers also entitled to childcare leave?
Most people commonly think of female workers when they hear the term “childcare leave.” However, the Equal Employment Act does not restrict the scope of childcare leave beneficiaries but simply defines them as ‘workers,’ unlike the 90 days of maternity leave. The Act grants 1 year of childcare leave for both male and female workers with children aged 6 (Korean age) and under those who are not attending elementary school. Both men and women have the responsibilities to rear and parent, so giving childcare leave to male workers fulfils the legislative intent.
So the question is, is it possible for both parents to take childcare leave at the same time?
If the spouse of a particular worker is taking childcare leave for a child, then the employer wouldn’t be breaking the law if he/she turns down the worker’s request for childcare leave for the same child. The Enforcement Decree of the Act on Equal Employment & Support for Work-Family Reconciliation indicates an exclusion from childcare leave by stating that a worker may not be granted childcare leave if “the worker’s spouse is on childcare leave for the same infant.” This limitation does not run counter to the legislative intent, since focusing more on protection of the workers than work would lead to additional burden on companies.
Nevertheless, each parent can use childcare leave as long as they do not take leave for the same period. It is also possible to use childcare leave for the same period for the same infant if the employer approves. Besides the exclusion explained above, the decree also states that employers are not obligated to grant childcare leave for a worker who has continuously worked for the business concerned for less than 1 year prior to the requested period of childcare leave.
How to achieve win-win for both labor and management
The period of childcare leave is 1 year or less. A period of 1 year without that worker’s service will be burdensome to both labor and management in terms of cost of recruiting new workers and being out of the workforce for a year. The Equal Employment Act eases the burden on labor and management by stipulating that the period is not paid, including this period in the years of service when considering promotion, retirement pension, or paid annual leave days, and prohibiting dismissal of a worker on account that he/she took childcare leave.
When considering only the purpose for establishing a company, which is seeking to turn a profit, the system for work-family reconciliation can seem burdensome. In particular, employers may think that they must shoulder a double burden during the period of a worker’s childcare leave by paying both the worker and a substitute. The government gives a childcare leave incentive ($200 per worker per month) and substitute worker incentive ($200 per worker per month, $400 for companies that need immediate support) to employers who approve childcare leave for a worker. Also, employers’ burden about approving childcare period counted in the years of work is eased since the period for childcare leave is not included in dispatch or contract periods in case of dispatch and temporary workers.
Work-family issues for male workers are expected to be discussed more in this time of low birthrate. Companies need to focus on the fact that establishing a worker-friendly environment can lead to an increase of company competitiveness by providing stability for workers and resulting in increased loyalty. Workers too need to view these benefits as a way to maximize their capabilities and contribution to the companies for which they work.