Civil Servants and Large Corporations "Parental Leave is Flexible"
Businesses with 5-9 Employees Remain at 3.8%
Legislative Research Office "Automatic Start Clause Should Be Considered"
To ensure workers' smooth right to use parental leave, an opinion was presented that a provision allowing automatic commencement upon the worker's application should be newly established.
Parental leave 'Papa' is increasing
On the 20th, the National Assembly Legislative Research Office published a report titled "Legislative Tasks to Guarantee the Right to Use Parental Leave." Although the rate of men taking parental leave has increased compared to the past and corporate awareness has greatly improved, the report points out that a so-called imbalance phenomenon is still observed, where it does not function as a universal right for all workers.
Korea's parental leave system was introduced in 1987, and in 1995, men became eligible to apply for parental leave. In particular, the number of parental leave users increased from 72,967 in 2010 to 173,631 in 2021. The gender usage status also shows a noticeable rise in the rate of men taking parental leave.
However, childcare responsibilities still do not achieve gender balance. Most workers who used parental leave were found to be public officials, public institution employees, or large corporation workers. According to a survey by the Ministry of Employment and Labor, 95.5% of workplaces with 300 or more employees responded that parental leave could be "freely utilized," whereas only 3.8% of workplaces with 5 to 9 employees said the same. This shows that the larger the size of the workplace, the greater the possibility of utilizing the parental leave system.
If the employer does not respond... parental leave cannot be taken
Parental leave is one of the mandatory laws that take effect when certain conditions are met. When a worker applies for parental leave, the employer must grant the leave, and failure to do so is subject to punishment. However, if the employer does not respond or remains unresponsive, the worker's right to use parental leave is restricted.
According to the Act on Equal Employment and Support for Work-Family Reconciliation, the worker's right to use parental leave is stipulated, but if the employer does not respond (neither approving nor rejecting), the worker cannot take parental leave. Also, workers who want to use parental leave must submit an application form, but there is no clear regulation on whether the employer who receives the application must notify their intention in writing.
Due to the employer's non-response, workers may hesitate or be unable to use parental leave. To prevent this, the report argues that "the law should be amended regarding the automatic commencement of parental leave, and the system should broadly guarantee workers' rights to freely use it."
Overseas, by specifying automatic commencement regulations for parental leave, workers' use of parental leave is actively guaranteed. In Ontario, Canada, and Sweden, the conditions for using parental leave can be fulfilled solely by the worker's application, and in the Netherlands, employers must respond in writing to parental leave applications.
Parental leave extended from 1 year to 1 year 6 months
Meanwhile, the government disclosed policies to prevent the rapid decline of the population through the 2023 Economic Policy Direction. The policy includes extending the parental leave period from the existing 1 year to 1 year and 6 months and expanding the scope of parental leave pay recipients.
Currently, the recipients of parental leave pay are wage workers enrolled in employment insurance, but plans are being considered to include special-type workers and artists enrolled in employment insurance. Also, if an employer prevents a worker from taking parental leave, it will become possible to create manuals related to reporting and relief procedures.
Accordingly, the government plans to strengthen substitute workforce support services in preparation for workforce gaps caused by parental leave.
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