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South Korea Labor Standards Act; Emgency Family Leave?

 
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sojourner1



Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug

PostPosted: Sun Sep 09, 2007 4:12 am    Post subject: South Korea Labor Standards Act; Emgency Family Leave? Reply with quote

After reviewing the South Korea Labor Standards Act, I find no provisions or statements regarding bereavement or family emergency medical leave.

I found nothing on this topic.

Any employment law regarding bereavement? If so, can you cite it to us?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Sep 09, 2007 5:22 am    Post subject: Re: South Korea Labor Standards Act; Emgency Family Leave? Reply with quote

sojourner1 wrote:
After reviewing the South Korea Labor Standards Act, I find no provisions or statements regarding bereavement or family emergency medical leave.

I found nothing on this topic.

Any employment law regarding bereavement? If so, can you cite it to us?


To the best of my knowledge there is NOTHING about it in labor law.

As far as I am aware it is strictly a contract issue or if it is not covered in your contract, there is no provision other than the generosity of your employer.
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sojourner1



Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug

PostPosted: Sun Sep 09, 2007 5:46 am    Post subject: Reply with quote

I now know that public school contracts do have 1 week of paid bereavement leave, but hagwons don't' even consider the possibility.

I now understand a hagwon usually will let you go 1 week unpaid, but if they don't or get nasty, then just leave which is a legitimate runner, but to let immigration know on the way out I have a family emergency which my employer won't work with me on.

I will see what happens as much as I don't want to do it. And let everyone know what transpires.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sun Sep 09, 2007 2:31 pm    Post subject: Re: South Korea Labor Standards Act; Emgency Family Leave? Reply with quote

ttompatz wrote:
To the best of my knowledge there is NOTHING about it in labor law.

I looked and was gobsmacked I couldn't find it. I've never needed the relevant clause recently, but it WAS there because I used it in the past (it was certainly not in the contract at the time). I can only imagine it is now one of the deleted clauses that pepper the Act now. The clause covered (IIRC) death of a spouse/child/parent (one week), death pf a grandparent (3 days?), and marriage (one week). Childbirth is still there, though.

I'll call up my local Labor guy after my morning class to ask where the other clauses went.
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sojourner1



Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug

PostPosted: Sun Sep 09, 2007 3:20 pm    Post subject: Reply with quote

Thanks Young Frankenstein, I may need to know how to navigate this issue at any point in time due to my mothers condition. Few can or are willing to help due to their being no simple answer and it's something people don't want to think of. I have noticed a lack of compassion since I have been posting several times since Friday night and probably can expect that same at work. Thanks again, I need all the help I can get in the line of information. This situation has really made me appreciate more what I do have as my grief runs deep in many ways since Friday night.

My mother is stabilized, but not making any logical sense in her speech. She is still in ICU and is terminally ill. Since we believe she will very possibly linger on for a while in a confused, but living state, I am holding off on running home. I am thankful I have a little time in preparing.

While I need to be there now to grieve with family and grieve until the end for sake of my own health, a huge black cloud of a financial burden lingers over my head on doing a runner which is all you could do in a hagwon that may not care to understand and work with you on it. (I don't know yet what their position is, but I do know they pay terminated teachers airfare home so they must be a good hagwon)

It would be different if home was cheap like SE Asia, but it's not. I have determined in my situation of being so far way, it puts me in an unusually difficult position which makes it only right to leave in the event of death, though if I chose, I can leave when I want. If I had a nice big chunk of money, then I would leave and take a few months off right now to be home. My relatives know that up and leaving puts me in a huge financial burden which presents a big problem so they said to stay as long as I can until the worse thing that can happen, happens.

We have decided it only makes sense for me to run from my job if worse comes to worse with my mother. I am getting ready as it will come at any time, could be 1 day or could be 1 year. I am hoping it is longer than 4 months, before the inevitable happens. I do have one advantage in that I am more prepared after grieving for 2 days straight and packing my bags, but the air ticket and leaving at a last minute is a scary issue for me. Last minute and walk up fares are many thousands of dollars, we are talking big money to the tune of 3 to 10 million Won. I am praying my employer or a Korean I know will help me negotiate this situation should I have leave in a hurry for a family death.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sun Sep 09, 2007 7:21 pm    Post subject: Reply with quote

sojourner1 wrote:
I may need to know how to navigate this issue at any point in time due to my mothers condition. .

Well, the people at the local office were busy so I had to settle for dealing with an office grunt. He kept going back and forth to one of the officials in the office to clear up the answers. Anyway:

I was right, the clauses WERE there, but not any more (no reason given why they were removed). He guessed 10 years ago, but I used them..uh, 8+ years ago, so he wasn't far off. Anyway, ttompatz is right: NOW it is not a Labor Law issue, so you must follow the regulations of your workplace.

Unis, public school, and gov't jobs all have such regulations, but of course, most hagwons do not. I asked what if there are no regulations, and the employee leaves for the funeral... can he be fired? The guy said, if the school has no bereavement policy for their school/company, then you must discuss an agreement with them (natch). If you leave without coming to an agreement, he said they can make a claim against you (he did not say "fire you").

He suggested in the latter case (no regulation, left without an agreement) that when you come back, bring copies of the death certificate and/or death notice from the newspaper as proof that you didn't just pack up and leave. Such proof can be used to counter any type of claim the school tries to levy against you, and any Immigration "blacklisting" that may occur becuase you "did a runner".
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sojourner1



Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug

PostPosted: Sun Sep 09, 2007 7:44 pm    Post subject: Reply with quote

So I am leaving tomorrow for 2 weeks without pay and returning to work immediately after Chuseok on Thusday the 27th. I am so happy that my employer is working with me and not unhappy with me about it, but 1 week of paid bereavement with any more than that being unpaid sure would be nice. Once I told them my situation, it didn't take any persuasion to get leave and they helped me purchase my air ticket. I understand hagwons don't pay any bereavement time off and many would get upset and tell you to just leave and don't comeback, but mine is compassionate. This meant so much to me. I feel much better now that I have dealt with my employer, now I just have to go deal with my mothers situation and all the associated grief. The important thing is to share my grief and support with my family, if I didn't, my own health would suffer from it in the long run. And being that I am coming back to continue my contract, I should recover financially as well.

Thank you all for your replies in my bereavement threads. I apologize for bringing on such an unwanted topic, but it was necessary. Perhaps my posts will help other bereaved teachers in the future in giving some guidance.
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