Infertility treatment leave is not a type of leave available only to women. male employees in South Korea may also use it when they themselves are receiving infertility treatment, and the maximum entitlement is 6 days per year. Currently, the first 2 days are paid, but from November 27, 2026, the first 4 days will be paid. However, when a husband merely accompanies his wife on the day of an artificial insemination or in vitro fertilization procedure, that situation must be distinguished from the legally guaranteed grounds for using infertility treatment leave.
The more important criterion than gender is whether the employee applying for leave is personally receiving infertility treatment.
Infertility treatment leave may be used not only for medical procedures such as artificial insemination or in vitro fertilization, but also for preparatory steps required for those procedures. The currently recognized scope includes hospital visits for infertility testing and ovulation induction, and, depending on the medical institution's assessment, may also include a period of stabilization or rest immediately after a procedure.
Therefore, even a male employee is not excluded on the basis of gender if he needs to visit a hospital for examinations, procedures, or other steps required as part of his own infertility treatment.
For a male employee deciding whether he can actually apply, the distinction can be understood as follows.
A hospital visit required for his own infertility testing or other treatment: within the scope of eligible use
A medical procedure performed on the employee himself: within the scope of eligible use
Medically necessary stabilization or rest after the employee's own procedure: determined based on confirmation from the medical institution
Accompanying a spouse on the day of her procedure in the role of a caregiver or companion: requires separate consideration from statutory infertility treatment leave
A male employee does not automatically become entitled to statutory infertility treatment leave merely by accompanying his spouse to an infertility procedure.
Guidance from South Korea's Ministry of Employment and Labor consultation service at 1350 explains that both male and female employees may use the leave, while identifying treatment received by the employee personally as the key criterion for infertility treatment leave.
For example, the guidance states that if a husband accompanies his wife on the day of her embryo transfer without receiving any separate treatment himself, or takes time off simply because his wife is resting after a procedure, those circumstances are not regarded as grounds for the husband's own legally guaranteed infertility treatment leave.
A company may allow such accompaniment through its own internal policy or at its discretion. In that case, however, it is important to distinguish between infertility treatment leave that Korean law guarantees to an employee as a statutory right to request leave and additional leave separately allowed by the company.
Conversely, if the male employee himself must undergo an examination or procedure that qualifies as infertility treatment on the same day, the assessment changes. Rather than applying simply because he is “going to the hospital with his spouse,” he should apply to the company based on whether he has his own treatment scheduled.
infertility treatment leave is available for up to 6 days per year, and the first 2 days are paid. The rule making the first 4 days paid takes effect on November 27, 2026.
It is easy to become confused when the rules before and after the effective date are mixed together when applying for leave.
Under the rules currently in effect, the first 2 days out of the annual 6-day entitlement are paid. From November 27, the total leave entitlement will remain 6 days, while the paid portion will increase to the first 4 days.
In other words, the total leave entitlement is not increasing from 6 days to 8 days.
What is changing is the statutory paid portion within the total 6 days.
The amended Korean law taking effect on November 27, 2026 also provides that employers must grant employees up to 6 days of infertility treatment leave per year when requested, with the first 4 days paid.
Along with the expansion of the paid period, the maximum infertility treatment leave benefit is also scheduled to increase from KRW 168,420 to KRW 336,840.
This benefit support does not mean that all 6 statutory leave days are paid in the same manner. The total number of days for which infertility treatment leave may be used and the number of days recognized as paid leave must be considered separately.
After November 27, the first 4 days out of the annual maximum of 6 days will fall within the paid portion. Eligibility for government support and the way wages are actually handled must be checked according to the type of workplace and the requirements for benefit support.
Infertility treatment leave is not limited only to the actual day on which artificial insemination or in vitro fertilization is performed.
The scope of infertility treatment has been expanded to include not only the procedure itself but also preparatory stages that are essential before the procedure. Hospital visits for infertility testing or ovulation induction are representative examples.
If stabilization or rest is necessary immediately after a procedure, documentation from the medical institution confirming that the period is medically necessary may be important in determining eligibility.
Male employees in particular may see the statement “men can use it too” and assume that the leave can be used for every treatment appointment involving their spouse. In an actual application, it is more accurate to first distinguish whether the purpose of the hospital visit is the employee's own treatment or merely accompanying a spouse.
When an employee who meets the statutory requirements requests leave in order to receive infertility treatment, the employer must grant the leave within the scope prescribed by Korean law.
However, if granting leave at the time requested by the employee would cause a serious disruption to normal business operations, the employer may change the timing of the leave after consulting with the employee. This is different from eliminating the statutory leave entitlement itself.
An employer must also not disclose to another person, against the employee's wishes, information learned during the infertility treatment leave application process.
From November 27, 2026, penalty provisions will also take effect for unfavorable treatment of an employee because the employee used infertility treatment leave.
The first thing to check is whether the reason for going to the hospital is the employee's own infertility treatment.
If it is for the employee's own examination or procedure, the employee should confirm with the relevant company department whether it falls within the scope of infertility treatment leave and prepare the application process and supporting documents required by the company.
If the purpose is to accompany a spouse to her procedure, it is better not to assume that statutory infertility treatment leave can automatically be used. The employee can also check whether the company's rules of employment or a separate leave program provides support for accompanying a spouse.
The date is also important under the current rules. Because the paid period differs between leave used through November 26, 2026 and leave used on or after November 27, the applicable rule should be checked based on the actual date the leave is taken.
Male employees are also covered by infertility treatment leave. The key point, however, is that the right does not arise simply because a spouse is undergoing infertility treatment; the central criterion is whether the employee himself is receiving infertility treatment.