This article was written as of January 2025.

1. Overview

On April 1, 2025, certain amendments to the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members ("these Amendments") will come into effect, with some provisions taking effect on October 1, 2025. These Amendments are aimed at enabling employees to balance work with childcare and family care, regardless of gender, by (1) expanding measures to promote flexible working arrangements tailored to the age of the child, (2) expanding the scope of mandatory disclosure requirements regarding childcare leave usage, and (3) enhancing support systems that enable employees to balance work with caregiving responsibilities. Employers need to understand these Amendments and update their internal policies accordingly to ensure compliance.

2. Key Amendments

2.1 Expansion of Measures to Promote Flexible Working Arrangements Tailored to the Age of The Child

These Amendments expand several existing measures that have been put in place to facilitate flexible working arrangements for employees according to the age of the child. These measures are detailed in the table below:

2.2 Expansion of the Scope of Mandatory Disclosure Requirements regarding Childcare Leave Usage

• Expansion of Disclosure Requirements: Under the current law, only businesses with over 1,000 employees were required to disclose childcare leave usage annually. Under these Amendments, the scope includes employers with over 300 employees.
• New Requirements for Action Plans: Under these Amendments, employers with over 100 employees are newly required to assess male employees’ childcare leave usage and working hours when formulating or revising action plans under the "Act on Advancement of Measures to Support Raising Next-Generation Children". They must analyze areas for improvement to promote work-life balance and set measurable targets for the uptake of childcare leave and for working hours. Employers with 100 or fewer employees are encouraged to comply with these provisions but are not required to do so.

2.3 Enhanced Support Enabling Employees to Balance Work with Caregiving

• New Obligations for the Provision of Information and for Consultation: Employers are required to (i) individually inform employees about caregiving support systems and confirm their intentions when they face caregiving needs, mirroring the requirements for childcare leave, and (ii) provide information strategically (before caregiving needs become necessary), such as when employees turn 40 years old and become eligible for certain caregiving-related insurance.
• Expansion of Caregiving Time Off Eligibility: The exemption of eligibility for employees with less than six months of service from caregiving time off is abolished under these Amendments. Employees can take caregiving time off shortly after being hired, provided certain other conditions are met.
• (3) Expansion of Flexible Working Options: Employers are encouraged to offer telework as a flexible work option for employees caring for family members without taking caregiving leave.

3. Conclusion

These Amendments aim to create a more supportive environment for employees who bear childcare or caregiving responsibilities, regardless of gender. Employers are required to review and update their internal rules and regulations in accordance with the new requirements. Failure to comply may result in the issuing of administrative guidance by the authorities, and employers who disregard such administrative guidance risk having the fact of their non-compliance disclosed publicly. In addition, from a practical perspective, non-compliance can have a negative impact on employee morale and retention rates.