What is Menstrual Leave?

What is Menstrual Leave in South Korea?

Menstrual leave in South Korea refers to the leave that female employees can take during their menstrual period. This system is a legal right established to protect women's health and well-being and promote gender equality in the workplace. In this article, we will delve deeper into the definition of menstrual leave, application process, legal basis, and real-life usage examples.

Legal Basis for Menstrual Leave

Article 73 of the Labor Standards Act - Employers must grant menstrual leave for one day per month upon request by female employees.

Menstrual leave in South Korea is stipulated in Article 73 of the Labor Standards Act. According to this article, female employees can request one day of menstrual leave per month, and employers must grant it. Menstrual leave is typically unpaid, but some companies provide paid leave.

Conditions for Using Menstrual Leave

• It is not automatically deducted from annual leave and can be used separately.
• Employees cannot be restricted from using it on specific days and can use it freely at any time.
• It is a right granted to all female employees, including temporary, contract, and part-time workers.
• It is a one-day leave per month that does not require a medical certificate or other proof.

Points to Note

• While it's not deducted from annual leave, it is unpaid, so employees can consider using annual leave instead of menstrual leave considering the salary reduction.
• Company policies vary, and some companies offer paid menstrual leave.
• Companies have an obligation to provide one day of menstrual leave per month, but fines are not imposed on companies with fewer 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 entitled to paid time off for prenatal checkups.

Definition of Menstrual Leave

Menstrual leave is a paid or unpaid leave that female employees can utilize when experiencing physical discomfort due to menstruation. It is granted within the scope of one day per month and can be used by women as needed based on their health condition. Menstrual leave is a system designed to improve the working environment for women and reduce the physical and mental burdens they may experience during menstruation.

How to Apply for Menstrual Leave

Application Procedure: Female employees who wish to use menstrual leave can submit an application form or verbally request it to the company in advance. It is important to check the company's internal regulations as the application process may differ.

Maintaining Confidentiality: When applying for menstrual leave, female employees need to ensure their privacy is protected. This is important to acknowledge that the use of menstrual leave is a sensitive issue related to female employees' health and to foster a culture of respect for this.

Real-Life Examples of Menstrual Leave

Improving Workplace Awareness: Some companies encourage the use of menstrual leave and establish policies to make it easier for female employees to utilize it. This contributes to creating a gender-equal workplace culture and increasing employee satisfaction among female employees.

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

Advantages of Menstrual Leave

Protecting Health: Menstrual leave helps female employees alleviate physical discomfort and pain associated with menstruation and allows them to get enough rest. This contributes to improving overall women's health.

Improving the Work Environment: The menstrual leave system supports female employees in working in a better work environment and contributes to fostering a gender-equal workplace culture.

Enhancing Productivity: By taking sufficient rest during their menstrual period, female employees can concentrate on their work more effectively afterwards and work more efficiently. This has a positive impact on company productivity.

Conclusion

Menstrual leave in South Korea is a vital system for protecting the health and well-being of female employees and creating a gender-equal work environment. Through menstrual leave, female employees can reduce physical discomfort caused by menstruation and work in a better work environment. To achieve this, companies and society should have a correct understanding of menstrual leave and support female employees so they can utilize it without hesitation. We hope that the menstrual leave system will contribute to creating a healthier and happier work environment.

Other Information

• In 2018, there was a movement to change the name of menstrual leave to women's leave or health leave, but the law was not actually amended.
• Of course, some companies use a different name for 'menstrual leave'.
  • While companies can change the name autonomously, the menstrual leave system itself must exist as a policy.