What is Menstrual Leave in South Korea?

Menstrual leave in South Korea refers to the leave that female workers can take during their menstrual period. This system is a legal right established to protect the health and well-being of women and promote gender equality in the workplace. In this article, we will take a closer look at the definition of menstrual leave, how to apply for it, the legal basis, and real-life examples.

Legal basis for menstrual leave

Article 73 of the Labor Standards Act - The employer must grant the female worker one day of menstrual leave per month if requested.

Menstrual leave in South Korea is stipulated in Article 73 of the Labor Standards Act. According to this provision, female workers can request one day of menstrual leave per month, and the employer must grant it. Menstrual leave is usually unpaid, but some companies offer paid menstrual leave.

Conditions for using menstrual leave

• It is not automatically deducted from annual leave and can be used separately.
• You can't be prevented from using it on a specific day, and you can use it freely anytime.
• It is a right given to all female workers, including temporary workers, contract workers, and part-time workers.
• It is a one-day leave without requiring any documentation, such as a medical certificate.

Things to keep in mind

• Although it is not deducted from annual leave, it is unpaid, so you can choose to use annual leave instead of menstrual leave, considering the reduction in your salary.
• Each company has different policies, so some companies provide paid menstrual leave.
• Companies are obligated to provide one day of menstrual leave per month, but a fine is not imposed on companies with less than 5 employees.
• Menstrual leave is not granted to pregnant women who are not menstruating. (Supreme Court precedent: Seoul District Court, 93.5.7, 92na 27668)
  Instead, pregnant women are provided with paid time for fetal examinations.

Definition of Menstrual Leave

Menstrual leave is paid or unpaid leave that female workers can take when they experience physical discomfort due to menstruation. It is granted within the scope of one day per month, and women can use it as needed, depending on their health condition. Menstrual leave is a system designed to improve the work environment for women and reduce the physical and mental burden they may experience during their menstrual period.

How to apply for menstrual leave

Application process: Female workers who want to take menstrual leave can submit an application form to the company in advance or request it verbally. The application process may vary depending on the company's internal regulations, so it is important to check the internal regulations.

Confidentiality: When applying for menstrual leave, female workers need to ensure their privacy is protected. This is important in recognizing that the use of menstrual leave is a sensitive issue related to the health of female workers and fostering a culture of respect.

Real-life examples of menstrual leave

Improving awareness within the workplace: Some companies encourage the use of menstrual leave and are developing policies to ensure that female workers can easily use menstrual leave. This contributes to fostering a culture of gender equality in the workplace and improving the job satisfaction of female workers.

Education and campaigns: Some companies are also conducting various educational programs and campaigns to raise awareness about the importance of menstrual leave and encourage its active use. These efforts help female workers use menstrual leave without hesitation.

Benefits of Menstrual Leave

Health protection: Menstrual leave helps female workers alleviate physical discomfort and pain due to menstruation and get enough rest. This contributes to improving women's overall health.

Improving the work environment: The menstrual leave system supports female workers to work in a better work environment and contributes to creating a gender-equal workplace culture.

Increased productivity: By getting enough rest during their menstrual period, female workers can focus more on their work and work more efficiently afterward. This has a positive impact on company productivity.

Conclusion

Menstrual leave in South Korea is an important system designed to protect the health and well-being of female workers and promote a gender-equal work environment. Through menstrual leave, female workers can alleviate physical discomfort due to menstruation and work in a better work environment. To this end, companies and society need to have a proper understanding of menstrual leave and support female workers so that they can use leave without hesitation. It is hoped that through the menstrual leave system, a healthier and happier work environment will be created.

Other

• In 2018, there was a movement to change the name of menstrual leave to "women's leave" or "health leave," but no actual legislative amendment was made.
• Of course, some companies use different names other than "menstrual leave."
  • While you can change the name autonomously, the menstrual leave system itself must exist as a policy.