Workers planning parental leave should first check their child's age and school grade. Confusion often arises over eligibility for parental leave when a child is about to enter the third grade of elementary school or when their ninth birthday approaches. However, eligibility for parental leave is not determined solely by the child's age at the time of application.

The Key Is the 'Leave Start Date'... Not the Application Date

According to the Ministry of Employment and Labor's quick online consultation guidance, the key point in determining parental leave eligibility is the actual date the parental leave begins. The child's age and grade requirements are assessed based on the leave commencement date, not the date the application was submitted.

Legal Basis: Children Aged 8 or Younger or in Second Grade of Elementary School or Below

Under Article 19(1) of the Act on Equal Employment and Support for Work-Family Balance and Article 10 of its Enforcement Decree, if a worker applies for parental leave to raise a child aged 8 or younger or in the second grade of elementary school or below, the employer must permit it in accordance with statutory requirements. However, for workers who have been continuously employed at the workplace for less than six months, the employer may refuse to grant parental leave.

Either Age or Grade Alone Is Sufficient

Notably, the child's age and grade do not need to be satisfied simultaneously. Meeting just one of the two criteria qualifies the worker for parental leave.

For example, even if a child is in the third grade of elementary school, parental leave can begin if the child is still aged 8. Conversely, even if the child has turned 9, parental leave is available under the grade criterion if the child is still enrolled in the second grade of elementary school.

• The specific criteria apply as follows:
• Age criterion: 'Aged 8 or younger' means up to the day before the child's ninth birthday.
• Grade criterion: 'Second grade of elementary school or below' applies up to the day before March 1 of the year the child enters the third grade of elementary school.

No Need to Interrupt Leave Even If the Child Exceeds the Criteria During Leave

Even if the child exceeds the age or grade criteria after parental leave begins, the worker is not required to interrupt the leave that has already started. According to the Ministry of Employment and Labor, if the statutory requirements were met at the start of the leave, the approved parental leave period may be used in full even if the child later turns 9 or advances to the third grade of elementary school.

Applications Due 30 Days Before the Intended Start Date... Maximum Leave Period Is 1 Year and 6 Months

The application schedule should also be checked. Article 11(1) of the Enforcement Decree stipulates that, in principle, applications must be filed 30 days before the intended parental leave start date. If the child's age or grade is about to exceed the criteria, the application timing should be set with the actual leave start date in mind.

The parental leave period is basically up to one year. However, if statutory requirements are met—such as when both parents each use at least three months of parental leave for the same child—an additional six months can be used, for a maximum of one year and six months. Single parents and parents of children with disabilities as defined by Ministry of Employment and Labor ordinance are also eligible for the additional parental leave.

Eligibility for Leave and Eligibility for Leave Benefits Are Separate

The qualification to use parental leave and the qualification to receive parental leave benefits must be distinguished. Parental leave is a right under the Equal Employment Act, while parental leave benefits are paid only if the eligibility requirements under the Employment Insurance Act are met.

• Standard parental leave benefit levels are as follows:
• First three months: 100% of ordinary wages, up to 2.5 million won per month
• Months four through six: up to 2 million won per month
• From the seventh month onward: 80% of ordinary wages, up to 1.6 million won per month

However, the actual amount received varies depending on the individual's ordinary wages and leave period.

What Ultimately Needs to Be Checked Together

When preparing for parental leave, workers should check not only the child's age but also when the leave will actually begin, how long they have worked at the workplace, and whether they meet the benefit eligibility requirements. In particular, it is important to note that if a child is approaching their ninth birthday or promotion to the third grade of elementary school, eligibility must be assessed based on the leave start date.

[Eligibility for parental leave and conditions for benefit payment differ from each other and may vary depending on the length of employment, the child's age and grade, the leave start date, and employment insurance enrollment requirements. Whether these apply to individual cases should be confirmed through the Ministry of Employment and Labor or the relevant employment center. This article was written with the assistance of artificial intelligence based on relevant laws and Ministry of Employment and Labor consultation content.]