Article 11(Application for childcare leave) #
(1) An employee who intends to apply for childcare leave under the main clause of Article 19 (1) of the Act shall submit to the employer, not later than 30 days before the scheduled commencement date of childcare leave, an application stating the following matters; in such cases, with respect to the matters under subparagraph 6, documents proving the relevant facts shall be attached to the application: <Amended on Nov. 19, 2021; Feb. 18, 2025>
1. Personal information, such as the name and date of birth of the applicant;
2. The name and the date of birth of an infant or young child for whom childcare leave is sought (where a pregnant female employee applies for childcare leave, the name of the infant or young child shall not be stated, and the expected date of delivery shall be stated in lieu of the date of birth);
3. The scheduled commencement date of childcare leave;
4. The date on which child care leave is to be terminated (hereinafter referred to as "scheduled termination date of childcare leave");
5. The date of application for childcare leave;
6. Where the employee falls under any subparagraph of Article 19 (2) of the Act, the fact that they fall under such subparagraph.
(2) An employee who intends to commence childcare leave within 18 months after the birth of a child may apply for childcare leave in accordance with the main clause of Article 19 (1) of the Act when requesting maternity leave under Article 74 of the Labor Standards Act (hereinafter referred to as “maternity leave”) or when notifying paternity leave under Article 18-2 of the Act. In such cases, the employee shall submit to the employer, not later than 30 days before the scheduled commencement date of childcare leave, an application stating the matters under each subparagraph of paragraph (1) and the scheduled commencement and termination dates of maternity leave or paternity leave. <Added on Dec. 24, 2024; Feb. 18, 2025>
(3) Notwithstanding the latter parts of paragraphs (1) and (2), an application for childcare leave may be filed not later than 7 days before the scheduled commencement date of childcare leave in any of the following cases: <Amended on Nov. 19, 2021; Dec. 24, 2024>
1. Where a pregnant female employee is at risk of miscarriage or stillbirth;
2. Where a child is born before the expected date of delivery;
3. Where it is impracticable to rear the relevant infant or young child due to the death of the spouse, an injury, illness, physical or mental disability, divorce, etc.
(4) If an employee applies for childcare leave under paragraphs (1) through (3), the employer shall allow the employee to take such leave. In such cases, the employer shall notify the employee in writing or by electronic means within 14 days from the date of application where the employee applies for childcare leave under paragraphs (1) and (2), and within 3 days from the date of application where the employee applies for childcare leave under paragraph (3). <Added on Dec. 24, 2024>
(5) If an employer fails to notify an employee, within the period specified in the latter part of paragraph (4), that the employer allows the employee to take childcare leave, the employer shall be deemed to have allowed such childcare leave as applied for by the employee. <Added on Dec. 24, 2024>
(6) If an employee applies for childcare leave after the deadline under paragraph (1) or the latter part of paragraph (2), the employer shall grant childcare leave by designating the commencement date of the leave within 30 days from the date of application, and if an employee applies for childcare leave after the deadline under paragraph (3), the employer shall grant childcare leave by designating the commencement date of the leave within 7 days from the date of application, and shall notify the employee of such fact in writing or by electronic means. <Amended on Dec. 24, 2024>
(7) An employer may require an employee who applies for childcare leave under paragraphs (1) through (3) to submit documents proving the pregnancy of the employee or their spouse, or documents proving the birth of the child, etc. <Amended on Nov. 19, 2021; Dec. 24, 2024>