If You Ask for Parental Leave and Are Pushed Toward Dismissal or Unpaid Leave -- The Disadvantageous Treatment Article 19 Bans, the Duty to Return You to the Same Job, and the Evidence to Gather Before a Labor Office Complaint

The statute itself prohibits dismissal and disadvantageous treatment

Article 19(3) says an employer must not dismiss a worker or give other disadvantageous treatment because of parental leave, and must not dismiss the worker during the leave period. The only exception is a case where the business cannot continue. The Act applies to every workplace that employs workers (Article 3), so a workplace with fewer than five employees is not exempt. Even if the action is dressed up as discipline or restructuring, if the real reason is the parental leave, the same provision is in play.

What can count as "disadvantageous treatment"

The text contains no detailed list, and each case is judged by its link to the leave. The patterns that commonly raise problems are a recommendation of resignation or unpaid leave right after you apply, a lower evaluation or exclusion from bonuses and promotion because of the leave period, refusal to renew a contract, and being sidelined after you return. Offering good evaluations if you do not take the leave is a similar kind of pressure. Whether a particular act counts depends on the facts, so leave the judgment to the labor office and concentrate on keeping a record of what happened.

When the employer blocks or delays your application

Under Article 11 of the Enforcement Decree, you must submit the application at least 30 days before the planned start date, and the employer must tell you within 14 days of the application, in writing or electronically, that the leave is granted. If it does not, the leave is deemed granted as you applied (check the Decree text in force as of September 18, 2026). Under Article 10 of the Decree, an employer may refuse if you have worked there for less than six months, so check your start date first. If you meet the requirements and the employer still refuses, it faces a fine of up to KRW 5 million under Article 37(4).

On return, the standard is the same job or the same pay level

Article 19(4) says that after parental leave the employer must return the worker to the same job as before the leave, or a job paying the same level of wages. The leave period also counts toward length of service. Moving you to a different job in breach of this also carries a fine of up to KRW 5 million (Article 37(4)). When comparing pay levels, note not only base pay but how the allowances changed. If you want shorter hours after you return, there is a separate system of reduced working hours for childcare.

When you are pressed toward unpaid leave or a resignation letter

If the company tells you to take unpaid leave instead of parental leave, you can lose out on the leave benefit and on recognition of service. Pushing a different arrangement on someone who has a legal right to parental leave is itself something that can be questioned, so do not sign on the spot; say you will take the document away to review it. Once you sign a resignation letter or settlement agreement, it can become harder to contest a dismissal later. The line between dismissal and a recommended resignation is covered separately in our article on resignation letters under a recommended-resignation arrangement. If you only need a week or two, short-term parental leave is a separate option.

How to gather evidence

A complaint succeeds or fails on materials showing the time sequence between the leave and the harm. Collect a copy of the parental leave application with the submission and receipt record, messenger, text and email replies from the company, before-and-after comparisons of evaluations and pay statements, and work assignment charts or org charts from before and after your return. Note the date, attendees and statements from each meeting right away. Recording a conversation you take part in is generally said to be permitted, but the details can vary by case. Taking company materials outside may be a separate problem, so be careful.

Where to report, and what liability follows

File a complaint or report with the regional employment and labor office that has jurisdiction over the workplace; you can get guidance on the procedure through the reporting center on the Ministry of Employment and Labor website and by calling 1350 without an area code. Dismissal or disadvantageous treatment in violation of Article 19(3) is punishable by up to 3 years in prison or a fine of up to KRW 30 million (Article 37(2)). The Labor Relations Commission corrective-order request under Article 26 of the same Act covers listed discrimination acts, and parental-leave disadvantages are not among them. To contest a dismissal you must separately meet the relief-application deadline (3 months) under the Labor Standards Act. The flow for lodging a complaint can be seen in our article on complaints to the labor office. For pay during leave, see our article on parental leave benefits.

The order of steps

First, submit the application in writing and keep proof it was received. Second, get whatever the company suggests or demands in a document or message. Third, sign only after review. Fourth, write down the differences in duties and pay before and after your return. Fifth, consult the regional employment and labor office or 1350, then decide whether to file. This article is general information and does not replace legal advice on an individual case, so please confirm specifics with the Ministry of Employment and Labor or a labor attorney.