| Article 74 (Protection of Pregnant Women and Nursing Mothers) |
| (1) | An employer shall grant a pregnant woman a 90-day maternity leave before and after childbirth. In such case, after the childbirth, 45 days or more of the leave period shall be allotted. <Amended by Act No. 11270, Feb. 1, 2012> |
| (2) | Where a pregnant female worker requests the leave under paragraph (1) due to her experience of miscarriage or other reasons prescribed by Presidential Decree, an employer shall allow her to use the leave at multiple times any time before her childbirth. In such cases, the period of leave after the childbirth shall be at least 45 days consecutively. <Newly Inserted by Act No. 11270, Feb. 1, 2012> |
| (3) | Where a pregnant woman has a miscarriage or a stillbirth, an employer shall, upon the relevant worker's request, grant her a miscarriage/stillbirth leave as prescribed by Presidential Decree: |
| (4) | The first 60 days in the period of leave under paragraphs (1) and (3) shall be stipendiary: |
| (5) | The employer shall not have a female worker in pregnancy assigned to an overtime work, and, if there exists a request from the relevant worker, he/she shall transfer her to an easy type work. <Amended by Act No. 11270, Feb. 1, 2012> |
| (6) | The business owner shall reinstate her to the same work or to the work for which wages of the same level as before leave are paid after the end of a maternity leave under paragraph (1). <Newly Inserted by Act No. 9038, Mar. 28, 2008; Act No. 11270, Feb. 1, 2012> |