Leave after a spouse's miscarriage or stillbirth, and a renamed spouse leave: what does Act No. 21476 change from September 2026?

What changed

The main change is the new Article 18-4. When a worker claims leave on the ground of a spouse's miscarriage or stillbirth, the employer must give leave within the range of 5 days, and of the leave taken the first 3 days are paid. The leave does not apply to a miscarriage resulting from an artificial abortion operation, except cases falling under Article 14(1) of the Mother and Child Health Act. The claim must be made within 20 days from the day the spouse had the miscarriage or stillbirth. The employer must not dismiss the worker or treat the worker disadvantageously on the ground of this leave. Where childbirth-related leave benefits, etc. are paid, the employer is relieved of the duty to pay to the extent of that amount. The official reason gives the aim as letting the spouse help the mother's recovery and take psychological and mental rest.

Article 18-2 is renamed: 'spouse childbirth leave' becomes 'spouse prenatal and postnatal leave', and the ground stated in Article 18-2(1) widens from the spouse's birth to the spouse's pregnancy and birth. The leave remains 20 days and paid, may be taken split into 3 occasions, and still cannot be used once 120 days have passed since the spouse gave birth, but under Article 18-2(3) it may now be used from 50 days before the spouse's expected date of birth. A new Article 18-2(6) leaves the application method and procedure to Presidential Decree. The same changes flow into the State support in Article 18(1) and (2), which now names the leave as spouse prenatal and postnatal leave and adds spouse miscarriage or stillbirth leave among the leaves for which childbirth-related leave benefits, etc. may be paid. This note has not read the Mother and Child Health Act, the Presidential Decree or the rule of the Ministry of Employment and Labor.

Two other changes are worth naming. Under Article 19(1) and Article 19-4(1), a male worker who intends to care for a pregnant spouse at risk of miscarriage, premature birth or similar, as prescribed by Ministry of Employment and Labor rule, may now also take parental leave, and leave taken for that purpose does not count towards the 3 occasions for split use. In Article 19-2(1) the exception 'cases where hiring a substitute is impossible' is deleted from the grounds on which an employer may refuse a reduction of working hours, leaving 'cases causing serious disruption to normal business operations' and other grounds set by Presidential Decree. Article 37(2) adds dismissal or disadvantageous treatment for spouse miscarriage or stillbirth leave to the offences punishable by imprisonment or a fine under that paragraph, and Article 39(3) adds refusal of that leave or failure to pay the first 3 days to the offences attracting a fine of up to 5 million won.

What to read in the text

Addendum Article 1 brings the Act into force on the day 6 months after promulgation; the National Law Information Center records promulgation on 17 March 2026 and entry into force on 18 September 2026. Addendum Article 2 applies the amended Article 19-2 to cases in which a worker applies for childcare working hours reduction after the Act came into force. The addendum states nothing about other pending cases or acts done before that date.

A file therefore needs, for the new leave, the date of the spouse's miscarriage or stillbirth, the date of the worker's claim against it, and whether the loss resulted from an artificial abortion operation within the exception. For the renamed spouse leave, it needs the expected date of birth used to open the 50-day window and the date of birth that starts the 120-day limit. For the working hours reduction, it needs the date of the application. The application methods and procedures are left to Presidential Decree, and the pregnancy risks to a Ministry of Employment and Labor rule, neither of which this note has read.

Questions for the legislature

Article 18-2(3) states that the leave may be used 'from 50 days before the spouse's expected date of birth'. Nothing in the article, the addendum or the official reason says which expected date governs where the expected date of birth is later revised or where the birth is premature, so from which date is the 50-day window counted?

The addendum gives an application rule only for the amended Article 19-2, and says nothing about Article 18-4, whose Article 18-4(3) requires a claim 'within 20 days' from the day of the miscarriage or stillbirth. Does that claim period reach a miscarriage or stillbirth that occurred before 18 September 2026, or must the day of the loss fall on or after the date of entry into force?

When to revisit

We revisit this note when the Presidential Decree on the application method and procedure under Articles 18-2(6) and 18-4(5), or the Ministry of Employment and Labor rule on pregnancy risks under Articles 19(1) and 19-4(1), is read against the Act, or if a court decision explains the 20-day claim period or the artificial abortion exception.