How annual leave builds up
- First year: 1 day for each month of full attendance, up to 11 days (Labor Standards Act, Art. 60(2))
- After 1 year: 15 days if you attended 80% or more of the past year (Art. 60(1))
- 3 years or more: 1 extra day for every 2 years beyond the first year, up to 25 days (Art. 60(4))
- A year under 80% attendance: 1 day per month of full attendance instead of 15 (Art. 60(2))
Leave arises on the day after you complete the period. If you started on March 2, your first day arrives on April 2 and 15 days arrive on March 2 the next year.
Leave days by years of service
| Service | Annual leave |
|---|---|
| Under 1 year | 1 day per full month (up to 11) |
| 1 year | 15 days |
| 2 years | 15 days |
| 3 years | 16 days |
| 4 years | 16 days |
| 5 years | 17 days |
| 7 years | 18 days |
| 10 years | 19 days |
| 15 years | 22 days |
| 20 years | 24 days |
| 21 years or more | 25 days |
If you leave after exactly one year
Korea’s Supreme Court has ruled that a worker on a one-year fixed-term contract who leaves when it ends gets only the first-year leave (up to 11 days), not the 15 days (2021da227100). If employment continues even one day past the first year, the 15 days arise too, for up to 26 days (2022da245419).
Using your leave
- Leave must be used within a year of when it arises, or it generally lapses. First-year leave is used by the end of your first year (Art. 60(7)). If the employer prevented you from using it, it does not lapse.
- Whether unused leave is paid out depends on things such as whether your employer formally encouraged you to use it (Art. 61).
- Some companies grant everyone’s leave on the same date, such as January 1 (회계연도 기준, fiscal-year basis). This calculator uses your start date, as the law does.
- Workplaces with 4 or fewer employees are not covered by Article 60 (Enforcement Decree, Annex 1).
- The same rules apply to permanent, fixed-term and foreign employees.
What about the U.S.?
According to the U.S. Department of Labor, the federal Fair Labor Standards Act does not require pay for time not worked, such as vacations, sick leave or holidays. Paid time off is set by employer policy or agreement, and some states and cities have their own paid sick leave laws.
FAQ
How much leave do I get in my first year?
1 day for each month of full attendance, up to 11 days, to be used before your first anniversary.
On a one-year contract, do I get 26 days?
No. If you leave when a one-year contract ends, you get up to 11 days; the 15 days arise only if you keep working past one year (Supreme Court 2021da227100).
What is the most leave I can get?
25 days, including the extra days for long service. You reach 25 days after 21 years.
Do foreign workers get annual leave?
Yes. The Labor Standards Act applies regardless of nationality (Art. 6), as long as the workplace has 5 or more employees.
Sources
- Labor Standards Act, Art. 60 (Korean Law Information Center)
- Ministry of Employment and Labor
- Supreme Court of Korea case law (2021da227100, 2022da245419)
- U.S. Department of Labor — Vacation leave