What is the Fetal Check-up Time in South Korean Law?

What is the Fetal Check-up Time?

It refers to providing pregnant female employees who work for a company with time to visit an obstetrician and gynecologist for fetal check-ups.

Legal Provisions

Article 74-2 of the Labor Standards Act

💡Employers must permit pregnant female employees to take the time needed to receive regular health check-ups for pregnant women as stipulated in Article 10 of the Maternal and Child Health Act when they request it.

Conditions of Use

If a pregnant female employee requests time off from work to receive regular health check-ups, the company must grant it.

• It is paid time off. In other words, regular wages are paid.
• It does not mean granting a full day off. (It's not necessarily 8 hours).
• The number of times provided must be in accordance with Appendix 1 of the Enforcement Decree of the Maternal and Child Health Act.
  • Up to 28 weeks of pregnancy: once every 4 weeks
  • From 29 to 36 weeks of pregnancy: once every 2 weeks
  • After 37 weeks of pregnancy: once every week
• The law does not specifically state how many hours must be provided.

General Application

• Since the law does not explicitly specify the time, it is common for employees to visit the hospital before work or immediately after work instead of going during working hours.
• Generally, half a day (4 hours) is often applied.
• This is just general information, and company regulations may vary.

Precautions

• Since it is a legally mandated provision, no proof such as a hospital visit certificate is required.
• Pregnant women are not granted menstrual leave, so they cannot use it separately. (Except when the company has a separate provision)
• Currently, there are no penalty clauses (fines, etc.) for violating the law. (Ineffective)