Article 20(Special leave) #
(1) If a public official under his or her control gets married, or celebrates or mourns a family event, the head of an administrative agency shall grant him or her a family event leave in accordance with the standards specified in Appendix 2, in receipt of an application of the relevant public official. <Amended on Mar. 20, 2017>
(2) A pregnant public official may take maternity leave of 90 days (100 days if she gives birth prematurely, and 120 days if she is pregnant with 2 or more children at a time) before and after giving birth, but the period of leave after giving birth shall be at least 45 days (at least 60 days if she is pregnant with 2 or more children at a time); provided, where a pregnant public official applies for a maternity leave for any of the following reasons, she may take maternity leave up to 44 days (up to 59 days if she is pregnant with 2 or more children at a time) at any time before giving birth by splitting up maternity leave: <Amended on Jun. 30, 2014; Oct. 6, 2015; Dec. 31, 2021; Jul. 18, 2023; Jul. 2, 2024; Feb. 11, 2025>
1. If a pregnant public official has experience of miscarriage (excluding induced abortion other than the cases permitted pursuant to Article 14 (1) of the Mother and Child Health Act; hereinafter the same shall apply except for subparagraph 3) or stillbirth;
2. If a pregnant public official is at least 40 years of age when she applies for the maternity leave;
3. If a pregnant public official submits a medical certificate of a medical institution that indicates a risk of miscarriage, stillbirth, or premature birth.
(3) A female public official may take a 1-day woman's health leave every month for rest during her menstrual period; provided, the woman's health leave shall be unpaid. <Amended on Jul. 4, 2011; Dec. 31, 2019; Jul. 2, 2024>
(4) A pregnant public official may use up to 2 hours per day as maternity protection hours for rest, medical treatment, and other related purposes. In such cases, the head of an administrative agency shall approve the use of such time if a pregnant public official who is within 12 weeks or 32 weeks of pregnancy applies for it. <Added on May 31, 2013; Jul. 2, 2018; Jul. 2, 2024; Feb. 11, 2025; Jul. 22, 2025>
(5) A public official with a child aged 8 years old or younger or in the second grade or lower in elementary school may spend up to 2 hours per day taking care of her child for a maximum of 36 months. <Amended on Jul. 2, 2018; Jul. 2, 2024; Feb. 11, 2025>
(6) A public official who is a student of Korea National Open University may take a class leave for the period of attending classes that exceeds the number of days of the annual leaves prescribed in Article 15 to attend classes under Article 9 (1) of the Act on the Establishment and Operation of Korea National Open University. <Amended on Jul. 4, 2011; May 31, 2013; Jun. 1, 2021>
(7) Deleted. <Jun. 30, 2005>
(8) Deleted. <Jun. 30, 2005>
(9) A public official who suffers damage [including damage to his or her spouse, parent (including a parent of the spouse), or child; hereafter in this paragraph the same shall apply] from a disaster defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety and a public official who intends to perform volunteer activities at a disaster area may take a leave for disaster relief for up to five days (10 days for public officials suffering damage from a large-scale disaster under Article 14 (1) of the same Act for whom the head of the competent administrative agency deems that a long-term management of damage is required). <Amended on Oct. 20, 2020>
(10) A female public official who miscarries or stillbirths may use miscarriage leave or stillbirth leave as classified in the following subparagraphs. <Amended on Jul. 4, 2011; Jun. 30, 2014; Dec. 31, 2019; Jul. 2, 2024>
1. If the pregnancy period is within 15 weeks: Up to 10 days from the date of miscarriage or stillbirth;
2. If the pregnancy period is between 16 weeks and 21 weeks: Up to 30 days from the date of miscarriage or stillbirth;
3. If the pregnancy period is between 22 weeks and 27 weeks: Up to 60 days from the date of miscarriage or stillbirth;
4. If the pregnancy period is not less than 28 weeks: Up to 90 days from the date of miscarriage or stillbirth.
(11) A male public official whose spouse miscarries a baby or gives birth to a stillborn baby, may take a leave for miscarriage or stillbirth for 3 days among the periods classified in the subparagraphs of paragraph (10). <Added on Dec. 31, 2019; Jul. 2, 2024>
(12) A public official receiving a subfertility treatment, such as artificial insemination or in vitro fertilization, may take a leave for subfertility treatment according to the following classification: <Amended on Jul. 4, 2011; Jul. 2, 2018; Dec. 18, 2018; Dec. 31, 2019; Dec. 31, 2021; Jul. 2, 2024>
1. A female public official: In any of the following cases, the period specified in the relevant item:
(a) Where she undergoes artificial insemination or any other medical procedure: A total of two days (one-day leave on the very day the procedure is performed, and one-day leave on the day before the date of procedure, the day within two days after the date of procedure, or the date of medical treatment related to the procedure);
(b) Where she undergoes an in vitro fertilization procedure for transplanting the cryopreserved embryos: A total of three days (one-day leave on the very day the procedure is performed, and two days leave on the day before the date of procedure, the day within two days after the date of procedure, or the date of medical treatment related to the procedure);
(c) Where she undergoes an in vitro fertilization procedure through egg retrieval: A total of four days (one-day leave on the date of egg retrieval, one-day leave on the very day the procedure is performed, and two days leave on the day before the date of procedure or egg retrieval, the day within two days after the date of procedure or egg retrieval, or the date of medical treatment related to the procedure);
2. A male public official: One-day leave on the date of sperm collection.
(13) The head of an administrative agency may grant a leave of reward up to 10 days, if a public official under his or her control is recognized for the outstanding performance and meritorious service by successfully performing major tasks of the State or the relevant agency. In such cases, the criteria for judging outstanding performance and meritorious service shall be determined by the Minister of Personnel Management. <Added on Oct. 6, 2015; Dec. 31, 2019>
(14) A public official may take a leave for family care for up to 10 days a year in any of the following cases: <Amended on Oct. 20, 2020; Jul. 2, 2024>
1. Where he or she cares a child or grandchild due to business suspension or temporary or permanent closure of a child-care center under the Infant Care Act, a kindergarten under the Early Childhood Education Act, or a school under the subparagraphs of Article 2 of the Elementary and Secondary Education Act (hereafter in this paragraph referred to as "child-care center, etc.") and for any other reasons equivalent thereto;
2. Where he or she participates in an official event of a child-care center, etc. to which his or her child or grandchild goes or in counseling with a teacher;
3. Where he or she accompanies his or her child or grandchild, who is a person with a disability under Article 2 (2) of the Act on Welfare of Persons with Disabilities (hereafter in this Article referred to as "person with a disability"), for hospital treatment (including health checkups under Article 52 of the National Health Insurance Act or vaccinations under Articles 24 and 25 of the Infectious Disease Control and Prevention Act);
4. Where he or she has to take care of his or her grandparent, maternal grandparent, parent (including a parent of his or her spouse), spouse, child, or grandchild for causes of diseases, accidents, old age, etc.
(15) The family care leave under paragraph (14) shall be unpaid, but an annual paid leave shall be granted to take care of a child (limited to a minor or a child with a disability in cases falling under subparagraph 4 of the same paragraph), up to the number of days equivalent to the number of the relevant public official's children (referring to those enrolled in child care centers, etc. under paragraph (14) 1, minors, or those with disabilities) plus 1; provided, a public official with a child with a disability or who qualifies as a mother or father under subparagraph 1 of Article 4 of the Single-Parent Family Support Act, shall be granted annual paid leave for up to the number of annual paid leave days referred to in the main clause, plus 1. <Added on Oct. 20, 2020, Jul. 2. 2024>
(16) A female public official may take a leave for pregnancy checkup for up to 10 days to undergo a medical checkup during the pregnancy period. <Added on Dec. 31, 2019; Oct. 20, 2020; Jul. 2, 2024>
(17) The head of an administrative agency may grant a leave for psychological stability for up to four days for psychological counseling, medical treatment, and relaxation, where a public official under his or her control satisfies all of the following requirements; in such cases, matters necessary for the detailed criteria for recognition of a leave for psychological stability due to incidents, accidents, etc., methods of granting a leave for psychological stability, and procedures for the use thereof shall be determined by the Minister of Personnel Management: <Added on Jul. 18, 2023>
1. He or she has experienced any incident or accident involving casualties while performing the duties falling under any subparagraph of Article 5 of the Public Officials' Accident Compensation Act;
2. Psychological stability and mental health recovery is deemed necessary due to the experience of any incident or accident involving casualties referred to in subparagraph 1.
(18) The head of an administrative agency shall grant to each public official who has served for at least 10 years leave for long-term service, to be used once during the tenure of office prescribed in the following subparagraphs; in such cases, the calculation of the tenure of office shall be governed by Article 15 (2): <Added on Jul. 22, 2025>
1. A public official whose tenure of office is at least 10 years but less than 20 years: 5 days;
2. A public official whose tenure of office is at least 20 years: 7 days.
(19) A male public official may take up to 10 days of leave to accompany his spouse for medical check-ups during her pregnancy. <Added on Jul. 22, 2025>
(20) Except as provided in paragraphs (1) through (6), (9) through (16), (18), and (19), necessary matters regarding the standards and procedures for the use of special leave shall be determined by the Minister of Personnel Management. <Added on Feb. 11, 2025; Jul. 22, 2025>