Can You Use Annual Leave by the Hour in Korea? Complete Guide for Foreign Workers
Can You Use Annual Leave by the Hour?
When you only need to step away for an hour or two — a hospital appointment, a school event for your child, a visit to a government office — using a full day of annual leave (연차유급휴가) feels like a waste. That's why many workers wonder whether hourly annual leave is possible.
The short answer: it is legally permitted — but with conditions.
Getting the Legal Basis Right: the Statute Has No "Hourly Leave" Provision
Article 60 of the Labor Standards Act (근로기준법 제60조) sets out how annual paid leave accrues (e.g., 15 days after a year with 80% attendance) and when it is used (at the time the worker requests) — it contains no provision on hourly use. Instead, Ministry of Employment and Labor administrative interpretations take the position that annual leave is granted in units of a day in principle, but part of a day may be split and used by agreement between the parties. In other words, hourly annual leave is not a statutory entitlement — it is a practice operated through labor–management agreement or workplace rules (취업규칙).
You may also see claims that a "written agreement with the employee representative" is required. That requirement belongs to a different system — substituting annual leave days with designated days off under Article 62 of the Labor Standards Act (근로기준법 제62조) — not to hourly split use.
The same goes for limits: there is no statutory cap such as "up to 5 days per year in hourly units." A company may set its own cap through workplace rules or agreement, so check your own workplace's standards.
One upcoming change to know about: under an amendment to the Labor Standards Act promulgated on June 9, 2026 (Act No. 21784), a statutory right to claim annual leave in split units takes effect on June 10, 2027 — when a worker requests split leave within the hourly units and number of days to be set by Presidential Decree, the employer must grant it. The specific scope (what hourly units, how many days per year) is delegated to the enforcement decree and has not yet been fixed. Until then, hourly leave continues to operate on the agreement/workplace-rules basis described above.
Note for foreign workers: Your employment contract may set terms different from this statutory minimum. Always check your contract and workplace rules.
How Is Hourly Annual Leave Calculated?
Hourly annual leave is calculated based on the scheduled daily working hours (소정근로시간). If a worker whose scheduled daily hours are 8 uses 1 hour of leave, 1/8 of a day is deducted from the remaining leave balance.
Examples:
- Remaining leave: 10 days
- Use 1 hour → Remaining: 9 days 7 hours (or 9.875 days)
- Use 4 hours → Remaining: 9 days 4 hours (9.5 days)
For part-time workers with different scheduled daily hours (e.g., 6 hours per day), the deduction is calculated proportionally based on those hours.
Difference from Half-Day Leave (반차)
Half-day leave (반차) typically means taking half a day off — usually a morning or afternoon (4 hours) — and is operated by many workplaces through their work rules (취업규칙) or collective agreements. Half-day leave is not a concept explicitly defined in law, but it can be operated by labor-management agreement and is treated separately from statutory hourly annual leave.
Half-day leave and hourly leave are alike in one key way: neither is directly provided for by statute — both are operated by labor–management agreement. Operating units (half-day or hourly) and deduction rules vary by workplace, so check your workplace rules or written agreement carefully.
Practical Points to Watch
- Check your workplace's own rules first. Hourly use is an agreement-based practice, so start with what your workplace rules (취업규칙) or written agreement say about units and procedure.
- An employer may not unilaterally split and exhaust your leave in hourly units without agreement. Annual leave is granted at the time the worker requests it (Article 60(5) of the Labor Standards Act, 근로기준법 제60조 제5항).
- Your right to choose the timing stays intact even for split use. A Ministry of Government Legislation interpretation holds that even for finely split leave (such as quarter-day leave), the employer cannot change the timing the worker requested unless it would cause a serious disruption to business operations.
Want to Know Your Exact Remaining Annual Leave?
If calculating your accrued and remaining annual leave from your hire date is difficult, try the annual leave calculator at Workbear (workbear.kr). Enter your hire date and leave usage history to instantly see your remaining leave and the expiry date. If you are unsure about your hourly leave usage or have a dispute with your employer, Workbear's AI search feature can also help you quickly find relevant court decisions and administrative interpretations.
This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.