Documenting Employment Separation and Securing Benefits After Resigning Due to Illness
When resigning due to illness, workers must secure verifiable documentation including medical records, formal requests for leave or job changes, and company responses. Under South Korea’s Employment Insurance Act, voluntary resignation due to health does not automatically grant job-seeker benefits, requiring objective proof that continued work was impossible and that employers could not accommodate adjustments or leave.
Required Medical and Employment Records
Medical records should include certificates, doctor’s opinions, and treatment logs obtained prior to resignation. According to medical documentation guidelines, papers detailing the onset and diagnosis dates, treatment duration, specific reasons current duties cannot be performed, and future treatment plans are more useful than documents listing only a diagnosis. Workers must also document requests for sick leave, leaves of absence, or duty reassignments sent via text message or email, including dates, content, and employer responses. If requests are made verbally, workers should follow up in writing to confirm the discussion. Resignation letters must state the true reason for leaving rather than a mutually agreed-upon alternative justification.
Employment Insurance and Benefit Eligibility Requirements
Voluntary resignation due to illness does not automatically qualify a worker for job-seeker benefits under Article 40 of the Employment Insurance Act. The Ministry of Employment and Labor evaluates whether the worker struggled to perform assigned tasks due to illness and whether the employer could provide alternative duties or leave based on objective evidence. Workers who cannot immediately engage in job hunting due to ongoing medical treatment will have their benefit eligibility timing adjusted. Officials advise preparing documentation beforehand and consulting local employment centers regarding application procedures and required paperwork.
Employer Obligations Regarding Separation Confirmations
If an employment confirmation document is necessary, employers can be requested in writing to issue the form. Under Article 42, Paragraph 3 of the Employment Insurance Act, along with Enforcement Rule Article 82-2 and Article 118 of the same act, employers must issue the document within 10 days of receiving a written request. Failure to issue the form or falsifying its contents can result in administrative fines.