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wenchstalker
Joined: 04 Jan 2009
Location: Gyeongju
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 Posted: Mon Sep 17, 2012 8:03 pm Post subject: Pregnant and Boss Refusing to pay housing stipend? |
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Hi everyone,
I've tried to search for old threads but have been unsuccessful. I will be going on maternity leave soon from my university position. I'm on an E-1 visa and my contract lists that housing is provided or a 300,000 per month stipend during the 12 months of the contract.
However, my boss is saying because I'm going on maternity leave, the university does not have to pay my housing. They are required by law to pay my salary for 60 days, but the housing isn't technically part of my salary.
I read the contract as the housing stipend being one of my contractual benefits for working at the university just like the health care or pension (which is still covered during that period). It's not as though they would kick me out should I be living in the university housing!
All of the other women I know who work at a university have never had this issue.
Advice about how to approach this with my boss would be much appreciated. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Sep 17, 2012 8:36 pm Post subject: |
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| All of the other women I know who work at a university have never had this issue. |
The other women are Korean or native English speakers?
If they are Korean, you might not have much of an argument.
Housing is a separate issue like airfare, and I don't think it is part of a labor board issue. Even though they might not have taken money from you if they had provided housing, what you want was not something they agreed to, just as you wouldn't have agreed to have money taken (out of your salary) if they had provided the housing.
This would have to be looked at by going over the contract and seeing what it states. Unfortunately, I think it would be that they give your salary and there would be no mention of housing allowances.
Try to get your return flight money by getting a ticket you can refund. Don't put yourself or your baby's health at risk by worrying over less than $300 now. If you are in the right, you can fight the fight later. |
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wenchstalker
Joined: 04 Jan 2009
Location: Gyeongju
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| Posted: Mon Sep 17, 2012 9:02 pm Post subject: |
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The other women are also foreigners. I know of 5 other women at several different schools who have never had a problem regarding the housing stipend or housing during maternity.
I'm not particularly worried - and I'm not letting this stress me out. I just strongly feel that my boss is trying to deny me something out of my contract that is included.
This is what my contract states:
" A will provide B with furnished housing, rent free (except maintenance fee which covers security and maintenance, and utilities which are gas, water supply, electricity, heating oil, etc.), to be used by B and B's family alone. If A cannot provide housing, a housing allowance of ￦300,000 per month will be paid to B. B may make use of the school commuting bus. Medical insurance will be made available according to standard university faculty arrangements.
A는 B의 근무기간 중 주택을 제공하며, 관리유지비(수도세, 전기세, 기름값, 가스요금 등)는 B가 부담한다. 제공하는 주택은 본인 또는 본인의 직계가족에 한하여 사용한다. 단, 주택을 제공하지 못할 경우 월30만원의 주택비를 제공한다. A는 B에게 의료보험을 제공한다. 학교 출․퇴근 시는 통근버스를 이용할 수 있다. "
I appreciate your insight. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Sep 17, 2012 9:12 pm Post subject: |
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Well, now my opinion has changed.
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| to be used by B and B's family alone. If A cannot provide housing, a housing allowance of ￦300,000 per month will be paid to B. |
I see a double whammy here in your favor.
1. They are putting the onus on them to provide the housing, not that you would "get" your own (which is usually the case and how I drew my earlier opinion).
2. It references "family" and not just you. When your baby is born, guess who is going to need housing? Usually, I don't see this either.
If the school still doesn't budge, is it worth it take legal action? Before going in and arguing your case, try to find a limit. If they continue to say no, at which point will you walk out?
Double check with a friend who knows Korean or is Korean to make sure the Korean says what the English says. |
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PRagic
Joined: 24 Feb 2006
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| Posted: Mon Sep 17, 2012 11:57 pm Post subject: |
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| Go straight to the Dean, Associate Dean, and President of your university if you have to. They should be paying this. |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Tue Sep 18, 2012 12:14 am Post subject: |
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Housing has always been a gray area. Is it income or not? That's the question.
In most cases you don't pay tax on the rent the school pays on your apartment. This in effect is disguising your true income and lowering the amount of income tax you pay. So you can see how you are being hypocritical. Housing is not income when you want to cheat on your taxes, but it is income when you want more more for maternity leave. You can't have it both ways.
Your boss is being a dink by kicking a pregnant woman out of her house, but there isn't anything you can do about it. Take it to court and it won't end well for you. Either the court agrees with you that it's income and now you have to pay income tax on your housing benefit or they don't agree it's income and you just wasted a lot of time and money on lawyers. Either way you lose. |
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wenchstalker
Joined: 04 Jan 2009
Location: Gyeongju
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| Posted: Tue Sep 18, 2012 4:51 pm Post subject: |
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How am I being hypocritical? I've never claimed to not want to pay tax on the housing income. In fact, when my housing stipend is paid to me, it is paid at the time of my salary and taxed.
If I had an apartment provided, I would not be paying taxes on it: however, my university simply stuck the professors in campus dormitories and so is not most likely not paying taxes on that anyway.
Also, I am not being kicked out of my house. Don't fear for me! I have a housing stipend each month (as listed in my contract). My boss is simply refusing to pay it while I am on maternity leave.
My issue is that it is listed as a contractual benefit without stipulations as one of the year-long benefits for working at my university. Furthermore, it is listed in the same contract clause as my healthcare which they can not deny me because it's provided for the full 12 months.
I'm seeking advice about standard practices regarding maternity leave among university workers or people who may have had similar experiences. |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Tue Sep 18, 2012 5:53 pm Post subject: |
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| wenchstalker wrote: |
How am I being hypocritical? I've never claimed to not want to pay tax on the housing income. In fact, when my housing stipend is paid to me, it is paid at the time of my salary and taxed.
If I had an apartment provided, I would not be paying taxes on it: however, my university simply stuck the professors in campus dormitories and so is not most likely not paying taxes on that anyway.
Also, I am not being kicked out of my house. Don't fear for me! I have a housing stipend each month (as listed in my contract). My boss is simply refusing to pay it while I am on maternity leave.
My issue is that it is listed as a contractual benefit without stipulations as one of the year-long benefits for working at my university. Furthermore, it is listed in the same contract clause as my healthcare which they can not deny me because it's provided for the full 12 months.
I'm seeking advice about standard practices regarding maternity leave among university workers or people who may have had similar experiences. |
A housing stipend is different than provided housing. It wasn't clear to me you were taking the stipend in your original post. It's unusual to do so because frankly, 300,000 for housing is a joke.
If you've been collecting the stipend the whole time, then that's a different issue, you actually have an argument then. |
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Unposter
Joined: 04 Jun 2006
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| Posted: Wed Sep 19, 2012 2:15 am Post subject: |
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| I have no experience with this issue but I think you have a legitimate argument. Fighting it may impair your relationship with your employer but your victory will help the next pregnent employee to follow. |
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NYC_Gal 2.0
Joined: 10 Dec 2010
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| Posted: Wed Sep 19, 2012 4:09 am Post subject: |
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| viciousdinosaur wrote: |
| wenchstalker wrote: |
How am I being hypocritical? I've never claimed to not want to pay tax on the housing income. In fact, when my housing stipend is paid to me, it is paid at the time of my salary and taxed.
If I had an apartment provided, I would not be paying taxes on it: however, my university simply stuck the professors in campus dormitories and so is not most likely not paying taxes on that anyway.
Also, I am not being kicked out of my house. Don't fear for me! I have a housing stipend each month (as listed in my contract). My boss is simply refusing to pay it while I am on maternity leave.
My issue is that it is listed as a contractual benefit without stipulations as one of the year-long benefits for working at my university. Furthermore, it is listed in the same contract clause as my healthcare which they can not deny me because it's provided for the full 12 months.
I'm seeking advice about standard practices regarding maternity leave among university workers or people who may have had similar experiences. |
A housing stipend is different than provided housing. It wasn't clear to me you were taking the stipend in your original post. It's unusual to do so because frankly, 300,000 for housing is a joke.
If you've been collecting the stipend the whole time, then that's a different issue, you actually have an argument then. |
I take the 300,000 stipend. It isn't a lot, but some people prefer to choose their own apartment.
She certainly does have a case. The provided housing OR stipend are part of the salary. Of course, it is only 600,000 won. If you intend to stay there, you may want to just eat the money (and end class half an hour early for a while. The students will adore you and you'll get some more free time.)
EDIT: intent >> intend
Last edited by NYC_Gal 2.0 on Wed Sep 19, 2012 5:27 am; edited 2 times in total |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Wed Sep 19, 2012 4:31 am Post subject: |
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| NYC_Gal 2.0 wrote: |
| viciousdinosaur wrote: |
| wenchstalker wrote: |
How am I being hypocritical? I've never claimed to not want to pay tax on the housing income. In fact, when my housing stipend is paid to me, it is paid at the time of my salary and taxed.
If I had an apartment provided, I would not be paying taxes on it: however, my university simply stuck the professors in campus dormitories and so is not most likely not paying taxes on that anyway.
Also, I am not being kicked out of my house. Don't fear for me! I have a housing stipend each month (as listed in my contract). My boss is simply refusing to pay it while I am on maternity leave.
My issue is that it is listed as a contractual benefit without stipulations as one of the year-long benefits for working at my university. Furthermore, it is listed in the same contract clause as my healthcare which they can not deny me because it's provided for the full 12 months.
I'm seeking advice about standard practices regarding maternity leave among university workers or people who may have had similar experiences. |
A housing stipend is different than provided housing. It wasn't clear to me you were taking the stipend in your original post. It's unusual to do so because frankly, 300,000 for housing is a joke.
If you've been collecting the stipend the whole time, then that's a different issue, you actually have an argument then. |
I take the 300,000 stipend. It isn't a lot, but some people prefer to choose their own apartment.
She certainly does have a case. The provided housing OR stipend are part of the salary. Of course, it is only 600,000 won. If you intent to stay there, you may want to just eat the money (and end class half an hour early for a while. The students will adore you and you'll get some more free time.) |
I completely agree with the bolded part of NYCGal's post.
OP, you need to weigh what this is worth to you. If you do wish to stay at your current job for the mid to longer term, fighting over this may work against you. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Wed Sep 19, 2012 5:15 am Post subject: |
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| Such is the plight of the contract worker. They must accept whatever the boss does or not have their contract renewed. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Wed Sep 19, 2012 5:26 am Post subject: |
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This one is interesting to ponder.
First off, I am not a lawyer or a parent. I have never had a child here in Korea. I am just speculating here.
Decide to check out the labor law and pregnancy. Mainly what was the law concerning the 60 days leave and being paid.
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Labor Standards Act.
Article 74 (Protection of Pregnant Women and Nursing Mothers)
(1) An employer shall grant a pregnant woman a 90-day protective leave before and after childbirth. In such case, after the childbirth, 45 days or more of the leave period shall be allotted.
(3) The first 60 days in the period of leave under the provisions of paragraphs (1) and (2) shall be stipendiary: Provided, That when the leave allowances before and after childbirth, etc. have been paid under the provisions of Article 18 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, the payment responsibility shall be exempted within the limit of the relevant amount. <Amended by Act No. 8781, Dec. 21, 2007> |
Once I read that I had to check out the Article 18 of the Equal Opportunity Act and Work-Family Balances Act
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Article 18 (Support for Maternity Leave)
(1) The State may pay to persons meeting specific requirements from among the workers who have taken maternity leave or miscarriage and stillbirth leave under Article 74 of the Labor Standards Act, an amount of money equivalent to the ordinary wages for the period of the relevant leave (hereinafter referred to as "maternity leave benefits, etc.").
(2) Maternity leave benefits, etc. paid under paragraph (1) shall be deemed to have been paid by the employer within the limit of the said amount under Article 74 (3) of the Labor Standards Act.
(3) Expenses incurred in paying maternity leave benefits, etc. may be borne by public finances or the social insurance under the Framework Act on Social Security.
(4) In cases where a female worker intends to receive maternity leave benefits, etc., the employer shall provide her with full cooperation in various procedures, such as preparation or verification of the relevant documents.
(5) Necessary matters concerning the requirements, period and procedures for payment of maternity leave benefits, etc. shall be determined by a separate Act.
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Of course it referenced Article 74 of the Labor Standards Act. So I was put into a bit of a loop.
So the things that popped into my head. First the school has to pay the relevant wage of the time equal to what is being missed due to pregnancy. So the question I ask is. What is the relevant wage? I surmise it must be the basic wage not including any bonuses or overtime. So if the OP gets 2.2 million per month she gets that (sans taxes/benefits). Or does she? I think the OPs boss must think the same way as me. Yet, maybe the housing allowance might also be constituted as part of the wage. So back to the Labor Standards Act to figure out what wage mean?
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Article 2 (Definitions)
(1) The definitions of terms used in this Act shall be as follows:
5. The term "wages" means wages, salary and any other kind of money or valuables, regardless of their titles, which the employer pays to a worker as remuneration for work; |
So maybe the housing allowance might be considered a wage as it is provided by employer for working! Maybe the University has or thinks the housing allowance is not classified as a wage, but a bonus or as a quasi overtime. If so, I think would not be considered a "wage". The housing is a wage in the sense, is if I work for a place and I do not get it was agreed upon I have not been paid fully. No housing allowance, no work. I work, I get housing allowance.
Still some questions and confusion arise in the reading. I am still a bit confused about the Article 18.5 of the EOA&WFBA which comments "...the requirements, period and procedures for payment of maternity leave benefits, etc. shall be determined by a separate Act. My question is which act? Labor Standards Act? Is this 18.5 relevant to the OP situation.
Next confusion is who pays or is responsible for maternity leave and pay. Is it the State (EOA 18.1 and 18.3) or the Employer (EOA 18.2). Does she classify as eligible to get state assistance. That is if the maternity pay is of state origin. Or is the pay more the employer just pays money to the government aka a pot and new mother gets to collect only so much money out of it. Or is the employer responsible to pay directly the employer. So maybe the employer contributed what was in their mind/contract a wage the base wage minus the any allowances and taxes.
Actually that might be beside the point, as the OP is getting paid. The question just comes up is the housing allowance part of wage or not.
Originally, I thought the OP was not able to collect the money for housing allowance. Maybe she has a case, the question is? Is it it worth fighting for?
Once again, I am no expert. Some more thinking and research needs to be done. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Sep 19, 2012 5:43 am Post subject: |
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| Quote: |
| So maybe the housing allowance might be considered a wage |
I think you are looking in the wrong arena.
I don't think this issue is going to be backed up by law. Rather, we need to look at the contract and see what a court interprets it as.
Similar to airfare, it's what both parties agreed to. The employer agreed to find a place or give money. So either they give the 300,000/month (2 times) or they give a place for her to stay in. Perhaps, they have a room available and then could argue she can live there. That is on them to bring up.
Also, it states a place for the family and not just the teacher.
One important question I think is would the teacher have signed the contract knowing she would not get housing money?
Given the 9 month period, there is 75% chance the teacher signed the contract pregnant. She knew she was going to have a baby during that contract period, and I highly doubt she would have waived this money without some conversation.
This isn't like she has a place to stay provided for by the school and is trying to double dip by getting housing allowance on top of a place provided by the school.
She specifically has a place of her own, and the school wouldn't give housing allowance if she all of a sudden got a place midway through the contract where the school was providing housing. The school would have argued that they signed a one year lease and therefore would refuse to such a change.
In the same way, she shouldn't have to change her living arrangements if she signed a 1 year lease. This would be my argument against the school if they brought up the argument they have a place for her to stay during the 2 months. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Wed Sep 19, 2012 7:00 am Post subject: |
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| Stan Rogers wrote: |
| Such is the plight of the contract worker. They must accept whatever the boss does or not have their contract renewed. |
Not true at all but it does make for a loud bang of a statement however.  |
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