Korean Maternity Leave

I know that I mentioned maternity leave and payment during that time in previous posts, but I’ve had enough problems with this lately that I feel like it warrants a post all its own.  If you are a teacher in Korean, I’m not going to sugarcoat it: you’ll be damn lucky if you get maternity leave, and you’ll be even luckier if it’s paid.  Academy directors are loathe to pay mat leave, as I have so recently discovered.  If/When you get pregnant in Korea, you need to know what you’re entitled to and whether or not you want to wrangle for it.  Believe me, you will have to wrangle for it.

You need to know your rights under Korean Labor Law.  Maternity leave and pay doesn’t have to be outlined in your contract; it’s outlined in national law, and it applies to you the same as it applies to every Korean working woman.  First of all, you are entitled to 90 days of leave, period.  No questions.  Now, the part concerning pay can get a little bit tricky.

Any business with more than five employees is legally obligated to offer government employee insurance.  This covers unemployment, mat leave, etc.  You can decide whether to pay into it or not.  You must pay in at least 180 days prior to the last day of maternity leave.  If your employer has this insurance and you have been paying in, the government will cover partial salary for the third month of your leave.  Your employer is obligated to pay your full salary for the first two months, regardless of whether or not they have this insurance.

Let me repeat that: Your employer is obligated to pay your full salary for the first two months, regardless of whether or not they have this insurance. 

My boss did not know this.  The labor board, when I called, did not tell me this.  I suspect it had to do with the language barrier, and I didn’t pursue it like I should have because I’m dumb.  Don’t be dumb.  My boss is now livid about all of this and made it very clear that he would never have resigned with me if he’d known that I expected mat leave pay.  He considered it a betrayal, frankly.  Although I feel bad for my mistake of not having it sorted sooner, I also feel it is his responsibility to know the ins and outs of the labor law.  It certainly was in his best interest to know this beforehand, and he failed to find out.  I can’t be held responsible for his failings.

You will be very lucky if your boss offers to renew the contract, once he/she finds out you are pregnant.  Very lucky.  If they know they have to pay mat leave, you’re likely to find yourself out of a job and on a plane home.  It gives one some incentive not to get pregnant in Korea.  If I had it to do over, at this point, I would have gone home during my second trimester.  I’m not sure that I would have held off on getting pregnant while here, but I would have thought a bit harder about it.

The honest truth is that someone needs to look after our baby because she has a couple of health complications that make putting her into daycare unwise.  If she were to catch a cold or something worse – and let’s face it, in daycare, she would – it could have potentially long-lasting and very detrimental effects on her health.  Unfortunately, having one half of a couple working and maintaining a two bedroom apartment is an uphill battle here, especially when the apartment comes with one job (mine).  We’re trying to negotiate a settlement with my boss now, and it hasn’t been going that well.  We’ve tried to work out something where nobody gets burned, but it’s tough to do, and negotiating with Koreans isn’t quite as straightforward as negotiating with Westerners, in some cases.

I feel badly for springing this on my boss.  We have had an excellent relationship, and I know that things will never be the same, if I have to go back.  For that, I feel a lot of sorrow.  I also know that I’m doing the right thing for my family, and family well-being supersedes work relationships that will cease to exist once I get on the plane.  I know that sounds harsh, but ultimately, it’s the truth.  Korea is not my forever home, and I will never be grateful enough to my boss for helping me find a car or buying a new air conditioner that I put my child in harm’s way.  Life doesn’t work like that.  It makes me sad though, because I understand where he’s coming from and why he feels the way he does.

Ultimately, my final advice on pregnancy in Korea is this: DON’T DO IT.  Unless you are a permanent resident married to a Korean and are in control of your own apartment lease, DON’T DO IT.  You will most likely find yourself out of a job, and you’ll be fighting an uphill battle for maternity leave and pay that will probably still end in you being out of a job and possibly flying home on your own dime.

That said, if you insist on giving birth here, please read the attachment I’m providing and speak with your local labor board about all of your options.  You need to know the facts, and the facts are that your boss owes you paid maternity leave, regardless of whether or not they want to pay.  They will not want to pay.  Weigh all of your options very carefully before making your final decision.  If you decide to have your baby here, best of luck to you, but don’t say I didn’t warn you!

Korea Mat Leave 2008 onward

This item also covers the three days of maternity leave for fathers, effective as of 2008.