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| Article 43 (Request, etc. for Miscarriage or Stillbirth Leave) |
| (1) | "Reasons prescribed by Presidential Decree" under the former part of Article 74 (2) of the Act means any of the following cases: <Added by Presidential Decree No. 23868, Jun. 21, 2012> |
| 1. | Where a pregnant worker has an experience of miscarriage/stillbirth; |
| 2. | Where a pregnant worker is at the age of 40 or more when she applies for her maternity leave; |
| 3. | Where a pregnant worker submits a report prepared by a medical institution stating that she has the risk of miscarriage/stillbirth. |
| (2) | Where a worker who suffers from miscarriage or stillbirth requests the miscarriage or stillbirth leave pursuant to Article 74 (3) of the Act, she shall submit to the business owner an application for miscarriage or stillbirth leave, stating the reason for requesting the leave, the date on which miscarriage or stillbirth occurred, the pregnancy period, etc., along with a medical certificate issued by a medical institution. <Amended by Presidential Decree No. 23868, Jun. 21, 2012> |
| (3) | The the business owner shall give a miscarriage or stillbirth leave in compliance with the following guidelines to any worker who requests a miscarriage or stillbirth leave in accordance with paragraph (2): <Amended by Presidential Decree No. 23868, Jun. 21, 2012> |
| 1. | Where a pregnancy period of the worker who suffers from miscarriage or stillbirth (hereinafter referred to as the "pregnancy period") is not more than 11 weeks: up to five days from the date of miscarriage or stillbirth; |
| 2. | Where the pregnancy period is not less than 12 weeks but not more than 15 weeks: up to ten days from the date of miscarriage or stillbirth; |
| 3. | Where the pregnancy period is not less than 16 weeks but not more than 21 weeks: up to 30 days from the date of miscarriage or stillbirth; |
| 4. | Where the pregnancy period is not less than 22 weeks but not more than 27 weeks: up to 60 days from the date of miscarriage or stillbirth; |
| 5. | Where the pregnancy period is not less than 28 weeks: up to 90 days from the date of miscarriage or stillbirth. |