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Breaking Contract due to Pregnancy

 
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casey's moon



Joined: 14 Sep 2004
Location: Daejeon

PostPosted: Mon Apr 10, 2006 3:19 am    Post subject: Breaking Contract due to Pregnancy Reply with quote

Hi there!

I signed a new contract with my school in January, not knowing when or if we'd conceive this year (had reasons to believe it might take awhile). My director has offered to give me 3 months leave and then hopes I'll pick up right where I left off. I assume she means unpaid. However, I'm not interested. I want to terminate the contract fully, at least for now, shortly before my due date in October.

I've had a good year and 3 months with this school and there have been no significant problems. I know they would like to keep me for as long as possible and I also might be interested in returning to work for them in a year or two.

2 questions....

I will be completing more than half of the contract AND I my school has plenty of notice to find a new teacher. Are they expected to pay any portion of my severance pay? We've also agreed that they will pay me an added bonus in lieu of an airplane ticket (since I was hired in Korea and will stay in Korea). I'm wondering if I will be able to bargain for at least this bonus, if not any of the severance. Any thoughts?

My other question is about when I should quit. I will discuss this more with my director of course, but I'd like to hear other opinions. My due date is near the end of October. I am afraid of a situation where I need to have bed rest and there is no replacement ready -- so I don't want to cut it too close to the due date in case complications should arise.... Of course I would put my and baby's health before my job, but I don't want to be put in that situation. Again... any thoughts?

My MIL would like me to quit right now, but she's a little old school!
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thursdays child



Joined: 21 Sep 2005

PostPosted: Mon Apr 10, 2006 3:45 am    Post subject: Reply with quote

Mmmm a lot of things to take into consideration. As for the severance (or part of) i would say it's up to the generosity of your boss.

I work in a public high school and there is a 'pregnancy clause' in my contract: I must notify my employer of pregnancy as soon as possible and must leave the position by the 6th month of pregnancy. If I have completed half or more of my contract then I will recieve 50% severance.
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thursdays child



Joined: 21 Sep 2005

PostPosted: Mon Apr 10, 2006 3:53 am    Post subject: Reply with quote

Oh and congratulations Very Happy
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casey's moon



Joined: 14 Sep 2004
Location: Daejeon

PostPosted: Mon Apr 10, 2006 4:19 am    Post subject: Reply with quote

Thanks a lot!!!! Very Happy

And thanks for posting -- the clause in your contract is the kind of info I was looking for -- very helpful!
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kalbi



Joined: 27 May 2003

PostPosted: Mon Apr 10, 2006 6:58 am    Post subject: Severance Reply with quote

My understanding of severance pay is that you have to work at least one full year to be eligible. However, for anything longer than one year, it is supposed to be prorated.
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casey's moon



Joined: 14 Sep 2004
Location: Daejeon

PostPosted: Mon Apr 10, 2006 2:16 pm    Post subject: Reply with quote

thursdays child wrote:
I work in a public high school and there is a 'pregnancy clause' in my contract: I must notify my employer of pregnancy as soon as possible and must leave the position by the 6th month of pregnancy. If I have completed half or more of my contract then I will recieve 50% severance.


Wait a minute -- the 6th month of pregnancy? That's really early.... I missed that yesterday. I wonder why? Maybe they want you to hide it until then? Maybe they expect their female teachers to be unmarried and therefore it would be scandalous?

Anyway, I was thinking more along the lines of leaving 6 weeks before my due date, not 12..... I guess we'll see what my director thinks.
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crazylemongirl



Joined: 23 Mar 2003
Location: almost there...

PostPosted: Mon Apr 10, 2006 3:50 pm    Post subject: Reply with quote

we have teachers running around my public school until they were about ready to burst... in the end its a decision you have to make for yourself. Some women are fne until just a few weeks before hand others might need to take more time off...

but congrats!
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thursdays child



Joined: 21 Sep 2005

PostPosted: Mon Apr 10, 2006 4:05 pm    Post subject: Reply with quote

Quote:
we have teachers running around my public school until they were about ready to burst...


Same here!

Quote:
Wait a minute -- the 6th month of pregnancy? That's really early.... I missed that yesterday. I wonder why?


I think it is a case of hiding it. My school has only and hopes to always have young(ish) female teachers. And the school is a girls, catholic school (with a serious problem with student pregnancy) so I guess the 6th month limit is for discretion purposes. I'm sure they would change that if the teacher were married.
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UncleAlex



Joined: 04 Apr 2003

PostPosted: Mon Apr 10, 2006 5:40 pm    Post subject: Maternity Leave / Resignation ? Reply with quote

Congratulations! I wish you a full inventory upon delivery.
May I suggest that you inquire with the Korea Labor Board
on your legal rights concerning maternity labor policy. You
can find out all you need to know about time frames and
severance pay. Keep well. Cool
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casey's moon



Joined: 14 Sep 2004
Location: Daejeon

PostPosted: Mon Apr 10, 2006 10:11 pm    Post subject: Reply with quote

Thanks for the replies and congratulatory wishes!

Yes, there was a Korean teacher at our kindergarten who didn't stop teaching until one day when she went into labour! I think that's totally fine, but she was working alongside her replacement during the last 4 weeks, and I doubt my director would want to pay an extra foreigner for more than a week at the most.

I'll get my husband to look into it more, but his hunch is that there is no paid maternity leave in my kind of contract -- not sure about severance... I guess if I leave it up to my director she'll probably give me something at the end -- but that something will depend on how her finances are going right at that moment....

Anyway, thanks Smile
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crazylemongirl



Joined: 23 Mar 2003
Location: almost there...

PostPosted: Mon Apr 10, 2006 10:27 pm    Post subject: Reply with quote

casey's moon wrote:


I'll get my husband to look into it more, but his hunch is that there is no paid maternity leave in my kind of contract -- not sure about severance... I guess if I leave it up to my director she'll probably give me something at the end -- but that something will depend on how her finances are going right at that moment....

Anyway, thanks Smile


Just because it's not in the contract doesn't mean that you aren't eligble... some places will go by law for leave if it isn't mentioned specifically. I know that's how I got my funeral leave last year, as it isn't mentioned in the contract.
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ajuma



Joined: 18 Feb 2003
Location: Anywere but Seoul!!

PostPosted: Tue Apr 11, 2006 6:15 am    Post subject: Reply with quote

I checked out efl.law, but there was nothing there. You might want to post your situation there and see if they can come up with something.
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ilovebdt



Joined: 03 Jun 2005
Location: Nr Seoul

PostPosted: Tue Apr 11, 2006 6:20 pm    Post subject: Re: Breaking Contract due to Pregnancy Reply with quote

Congratulations Smile
Is it twins?
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casey's moon



Joined: 14 Sep 2004
Location: Daejeon

PostPosted: Tue Apr 11, 2006 10:02 pm    Post subject: Re: Breaking Contract due to Pregnancy Reply with quote

ilovebdt wrote:
Congratulations Smile
Is it twins?


Hmm. strange question, but no -- just got the one little guy or gal in there!

Just in case anyone else eats this stuff up, "Baby" just got his or her first clothing -- a gift from one of my students' mothers! I can't stop looking at it -- so amazing to think about the little sweetheart that will be inside that nightshirt in half a year!!!!

Very Happy
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