Starting Nov. 27 this year, the paid period for infertility treatment leave will be expanded from two days to four days. During this period, the maximum wage cap will increase from 168,420 won to 336,840 won.
A new penalty clause has also been established under which an employer who gives disadvantages such as dismissal or disciplinary action because an employee took infertility treatment leave can face up to three years in prison or a fine of up to 30 million won.
The Ministry of Employment and Labor (MOEL) said on the 23rd that it has published a booklet titled "A guide to using infertility treatment leave for employers and HR managers," which centers on these details.
Infertility treatment leave is statutory leave that can be used by workers who are planning or undergoing infertility treatments such as artificial insemination or in vitro fertilization. Male workers can also use it, and it can be used for up to six days per year.
For priority support target corporations (small and medium-sized corporations), the government supports wages for the first four days, while in large-scale corporate units such as large corporations, the company bears the full amount.
If a worker applies for infertility treatment leave and the employer does not grant it, fines of up to 5 million won are imposed. Employers also have a confidentiality obligation related to workers' applications for infertility treatment leave.
Unfavorable treatment of those on infertility leave can result in criminal punishment. If an employer treats a worker unfavorably because of infertility treatment leave, the employer is subject to up to three years in prison or a fine of up to 30 million won. These penalty provisions take effect starting Nov. 27.
Since Aug. last year, the scope of infertility treatment has expanded from the day of the procedure and the immediate recovery period to include the essential preparation stage before the procedure. Infertility treatment leave can also be used when visiting a hospital for pre-procedure infertility tests or ovulation induction.