Check Whether a Spouse Can Take Parental Leave Even Before the Baby Is Born
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Key Takeaway
Since September 18, 2026, a male employee whose pregnant spouse faces risks like miscarriage can take parental leave before the birth. Apply 7 days before it starts; the time is deducted from existing leave.
Can anyone with a pregnant spouse apply?
No. The Ministry of Employment and Labor announced that leave before the birth is allowed when a spouse faces risks such as miscarriage or premature birth. The Suwon Employment Center's follow-up notice explains this as cases where a condition designated in the law as risky has been diagnosed. Rather than deciding your spouse's health status yourself, check the needed diagnosis, documentation and legal requirements with your employer and the employment center.
When do you apply, and how long can you take?
You apply at least 7 days before the planned start of leave. It is taken within the existing parental leave period for that child, so whatever you use before the birth is deducted from that period. The guidance says, though, that the number of times you take parental leave during pregnancy does not count toward the number of times you can split your leave.
How does it differ from spousal childbirth leave?
Separately from parental leave, the window in which spousal childbirth leave can be used has also been widened. You can use up to 20 days of leave from 50 days before the due date to within 120 days after the birth.
| Program | The key point of this guidance |
|---|---|
| Parental leave before the birth | Confirming a risk condition such as miscarriage or premature birth for the spouse |
| Spousal childbirth leave | Timing of use extended to before the due date |
Source: Ministry of Employment and Labor announcement of 2026-09-17, date checked 2026-10-10.
What should you check with your employer?
Preparing in this order makes it easier to talk to the person in charge.
- Decide whether you'll use leave or time off.
- Give the person in charge your due date, the period you want to use, and the needed supporting documents. Apply for parental leave at least 7 days before it starts.
- Check separately whether the leave will be approved and whether you can claim employment insurance benefits.
You can't work out an individual benefit amount from this announcement alone. For program consultation, you can call the Ministry of Employment and Labor at 1350. The date checked is 2026-10-10.
Frequently Asked Questions
If my spouse is pregnant, can I automatically take leave before the birth?
The official guidance sets a condition of risks such as miscarriage or premature birth. Ask your employer and the employment center whether you meet the legal requirements and have the needed documentation.
Does taking it before the birth lengthen my parental leave?
The time you use is deducted from your existing parental leave period. The guidance says, though, that leaves taken during pregnancy do not count toward the number of times you can split your leave.
Do I take 20 days of childbirth leave both before and after the birth?
The guidance says 20 days of leave are granted within the period from 50 days before the due date to 120 days after the birth. It does not add a separate 20 days before the birth.
Sources & Verification Date
- Ministry of Employment and Labor: Three-part package of support for spouses takes effect (2026-09-17) · Verified
- Suwon Employment Center: Notice on the three-part package of support for spouses (2026-09-23) · Verified
All materials have been verified from official announcements and may have changed since verification.