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Maternity Leave Query

 
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pennymartin



Joined: 28 Oct 2007

PostPosted: Tue Oct 30, 2007 3:25 pm    Post subject: Maternity Leave Query Reply with quote

I am pregnant and planning to have my baby in Korea. I work in an Elementary School. My contract says I am entitled to 90 days maternity leave but it is unpaid. I have heard through the grapevine that it is illegal not to pay me. Can anybody please help? Is this true? Also, all Korean men are entitled to 3 days off when their wife has a baby. Is this also true for my husband?
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mindmetoo



Joined: 02 Feb 2004

PostPosted: Tue Oct 30, 2007 4:00 pm    Post subject: Reply with quote

All I know is a lot of women simply quit their jobs or are forced out. And Korea wonders why it has a declining birth rate.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Oct 30, 2007 4:11 pm    Post subject: Re: Maternity Leave Query Reply with quote

pennymartin wrote:
I am pregnant and planning to have my baby in Korea. I work in an Elementary School. My contract says I am entitled to 90 days maternity leave but it is unpaid. I have heard through the grapevine that it is illegal not to pay me. Can anybody please help? Is this true? Also, all Korean men are entitled to 3 days off when their wife has a baby. Is this also true for my husband?


In spite of what your contract says, you may be interested in Article 72, sub 2 (highlighted below).

Article 72 (Protection of Health of Pregnant Female)

(1) An employer shall allow a pregnant female worker 90 days of maternity leave before and after childbirth. In such case, 45 days or more shall be allocated after the childbirth.

(2) Of the maternity leave pursuant to paragraph (1), the first 60 days� leave shall be with pay.

(3) An employer shall not have a female worker in pregnancy work overtime, and, if there is a request from the concerned worker, shall transfer the worker to other light or easy work.
<Amended by Act No. 6507, Aug. 14, 2001>
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mrsquirrel



Joined: 13 Dec 2006

PostPosted: Tue Oct 30, 2007 4:25 pm    Post subject: Reply with quote

Do you think if I stick a pillow up my jumper I can get a 60 days paid vacation.
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periwinkle



Joined: 08 Feb 2003

PostPosted: Tue Oct 30, 2007 11:25 pm    Post subject: Reply with quote

I'm going to file for compensation ASAP, but according to the maternity leave info on the molab site, it says you have to apply at your local employment insurance office. Is that the same thing as the labor board?
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excitinghead



Joined: 18 Jul 2005

PostPosted: Wed Oct 31, 2007 1:45 am    Post subject: Reply with quote

Korean Men will be able to take 3 days paternity leave from next July, but can't at the moment. See this post on my blog for more information:

http://thegrandnarrative.wordpress.com/2007/09/14/inadequate-childcare-and-falling-birthrates-in-the-korean-media-part-2-paternity-leave-in-korea-from-next-year/

I have little experience with maternity leave regulations in practice, but I have done a little research on it from academic journal articles. This paragraph summing up the laws at the moment below is taken from my post in the link below that:

"Legally, before 2001 Korean women received 8 weeks of maternity leave, with 100% of average wages paid for by their employers. Since 2001, they can also take an additional 4 weeks off, with 100% of their average wages paid for by their employers and or employment insurance (not like unemployment benefit: it is organised by the government, but is drawn from funds they contribute to it while working). After that, if they have been working for longer than 6 months previously, they can take an additional year off and receive 200,000 won (about the cost of 4 nights drinking for me) a month from employment insurance; there is also a provision banning dismissal from work due to this leave. But with sentiments like the above, and lack of political will, you can imagine what happens to a women�s career in practice: it is not unknown for women to be working until midnight almost right up to the expected birth date, and then pressured to come back as soon as possible afterwards. Regardless of this, Korean workplaces but especially chaebol still very much rely on years worked for promoting people, so career-minded women cannot afford to take extended periods of time off."

http://thegrandnarrative.wordpress.com/2007/09/05/manufacturing-childcare-and-salarymen-why-korea-is-a-such-fascinating-place-to-study/

Sorry I can't be more specific than that. I can find the relevant journal article and the exact names of the laws if you like.

It looks like you are certainly able to claim the "100% of average wages" for the first 8 weeks of maternity leave, but I'm not so sure about the next 4 weeks. It may depend on how long you have been here and if you've been contributing to the employment insurance scheme mentioned.

Please let me know how it goes. As you can see, I'm very interested in it!
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Wed Oct 31, 2007 1:59 am    Post subject: Reply with quote

Seriously? We have it in our contract that guys get a week off if they have a kid.
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excitinghead



Joined: 18 Jul 2005

PostPosted: Wed Oct 31, 2007 2:17 am    Post subject: Reply with quote

Pak Yu Man wrote:
Seriously? We have it in our contract that guys get a week off if they have a kid.


That's what the newspaper article I translated said. But like I said in the first post on my blog that I linked to, I think the new law merely legalises what was the practice anyway, as surely even the most heartless of bosses here would let a guy take a few days off for his baby's birth.

Having said that, I think that that's by no means standard practice here: my own baby was born on a Saturday, and I work on Saturdays, at a big huge hagwon with 15,000+ students, 6 day-weeks and 12+ hour days for Korean teachers (I only work there part-time). When I called my boss from the hospital before work, he mentioned the inconvenience Shocked and said that sounded very angry and irritated with the idea...and all for a whole 2 damn hours of missed classes that it would mean. Before I told him to go to hell though, he lightened up when I mentioned that I'd probably be back before Monday, so I got the distinct impression that 3 days off for the Korean male teachers definately wasn't the case. Rolling Eyes
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