Spouse Miscarriage and Stillbirth Leave: Husbands Can Now Take 5 Days Off -- The 'Three-Part Spousal Support Package' Took Effect September 18

Until Now, Miscarriage and Stillbirth Were Treated as the Wife's Issue Alone

Under the Labor Standards Act, miscarriage/stillbirth leave was only ever granted to the pregnant employee herself. The spouse -- usually the husband -- had no legal basis to take leave, even while accompanying hospital visits or going through the emotional aftermath alongside her. Many men explained the situation and borrowed from their annual leave, or simply said nothing and showed up to work as usual. This amendment targets exactly that gap: spousal support that had been concentrated entirely on the post-birth period now extends to crisis moments during pregnancy itself.

The 'Three-Part Spousal Support Package' Took Effect September 18

The three measures the Ministry of Employment and Labor put into effect are: (1) a new spouse miscarriage/stillbirth leave, (2) an expanded usage window for the existing 20-day spousal leave tied to childbirth, and (3) permission for a husband to start paternity leave before birth if his spouse faces a miscarriage or premature-birth risk. All three share the same intent -- letting couples respond together through pregnancy, birth, and the caregiving period that follows. Here's how each one actually works.

Spouse Miscarriage/Stillbirth Leave: Up to 5 Days, With the First 3 Paid

The centerpiece of the new program is this: if a person's spouse has a miscarriage or stillbirth, a male employee can now take up to 5 days of leave. The first 3 of those days are paid. Coverage extends not only to legally married couples but also to common-law spouses. In principle the leave must be taken consecutively, but if the employee requests to split it and the employer agrees, it can be divided. If the employer declines a split request, the 5 days must be used in one continuous block.

Pay Caps and the 20-Day Filing Deadline You Cannot Miss

How the pay works depends on company size. Under the Employment Insurance Act, employees at 'priority-support enterprises' (Korea's designation for eligible small and medium-sized businesses) have their full ordinary wage covered by the state for the first 3 days, up to a cap of 84,210 won for 1 day, 168,420 won for 2 days, and 252,630 won for 3 days. Just as important is the filing deadline: the leave must be requested within 20 days of the miscarriage or stillbirth, or the right to take it lapses entirely. That said, even a miscarriage or stillbirth that occurred before the September 18 effective date can still qualify -- as long as 20 days from that date have not yet passed.

The 20-Day Spousal Leave Can Now Start Before Birth, Not Just After

The spousal leave tied to childbirth was already 20 days long, but the problem was timing -- it could only be used after the baby arrived. Under the amendment, that same 20 days can now be drawn from a much wider window: from 50 days before the due date to 120 days after birth. That means a husband can take leave in the run-up to delivery, when hospital visits and preparations tend to pile up, not just afterward. To use it, he submits a document to his employer stating the expected due date and the specific days he plans to take.

If the Spouse Faces Miscarriage or Premature-Birth Risk, a Husband Can Start Parental Leave Before Birth

The third change concerns the timing of parental leave itself. Parental leave is normally something you apply for after a child is born, but under the new rule, if a man's spouse faces a health risk such as miscarriage or premature birth, he can now apply to start his parental leave before the birth. The application must be filed at least 7 days before the intended start date. Time taken this way is deducted from his total parental leave allotment, but -- worth remembering -- it does not count against the number of times he's allowed to split his parental leave into separate blocks.

How to Apply -- What to Confirm With Your Employer First

All three programs start with the employee submitting a request or application to the employer. For miscarriage/stillbirth leave, where supporting documentation may be required, the exact forms and attachments can vary by company, so it's most reliable to check the procedure with HR as soon as the need arises. If a company refuses a request without valid grounds or delays notifying the employee, that can be raised with the regional labor office. Provisions tied to pregnancy, birth, and caregiving keep getting revised under the same law -- see, for instance, how short-term parental leave can now be taken in one- or two-week blocks -- so it's worth checking your own company's work rules and internal notices as well. Employees who need to reduce working hours for family circumstances can also look at the separate family care leave program, which remains available on its own track, and parents already juggling reduced working hours under the childcare program should note that these leave types can be combined depending on the situation.

Key Takeaways

(1) South Korea's 'three-part spousal support package' took effect September 18, 2026. (2) If a spouse has a miscarriage or stillbirth, a male employee can now take up to 5 days of leave, with the first 3 paid, and common-law spouses are covered too. (3) Employees at priority-support enterprises get their full ordinary wage covered by the state for the first 3 days (capped at 84,210 / 168,420 / 252,630 won for 1/2/3 days), and the leave must be requested within 20 days of the event. (4) The existing 20-day spousal leave tied to childbirth can now be taken anytime from 50 days before the due date to 120 days after birth. (5) If a spouse faces miscarriage or premature-birth risk, a husband can start parental leave before birth by applying at least 7 days ahead. Exact forms and company-specific procedures should be confirmed with your employer's HR department or Korea's Ministry of Employment and Labor counseling line (1350).