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  • viennica
  • Adventurer

    • 46

    • March 12, 2013, 04:02:28 pm
    • Gunpo
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Not allowed to take all my vacation days
« on: March 06, 2015, 03:01:46 pm »
Hi everyone, I just ran into a problem at my public school and was hoping to get some advice!

My contract runs from September to August. I just got the calendar for the new school year and noticed there are only 3 weeks in summer vacation this year, but my coteacher says I'll have to teach camp for 2 weeks. The problem is, I have 10 more vacation days that I haven't used yet. Can they require me to teach the camp and waste 5 days vacation?

The most frustrating thing is that I have literally been sitting here at my desk doing nothing for 2 full months (my classes still haven't started yet). I would have happily taken those 5 days during winter, but I was saving them for summer vacation...
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  • nebulasprout
  • Veteran

    • 133

    • October 04, 2013, 07:10:15 am
    • Wonju, Gangwon-do, South Korea
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Re: Not allowed to take all my vacation days
« Reply #1 on: March 06, 2015, 03:09:14 pm »
I don't have a copy of the contract in front of me, but I think it says something along the lines of: you can take your vacation days as long as they don't conflict with teaching days/camps. So you might be out of luck. I'd double check that part of your contract.
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  • mikeD
  • Super Waygook

    • 417

    • March 31, 2013, 07:46:49 pm
    • Geoje, South Korea
Re: Not allowed to take all my vacation days
« Reply #2 on: March 06, 2015, 03:13:09 pm »
At my school at least, I was able to use days that I was desk warming. Any day that students are not there you should be allowed to take vacation days on. That is my experience at least.


  • nzer-in-gyeongnam
  • Moderator - LVL 3

    • 781

    • August 07, 2010, 01:23:29 pm
    • Gyeongnam-do
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Re: Not allowed to take all my vacation days
« Reply #3 on: March 06, 2015, 03:13:21 pm »
Your contract states that the vacation days are to be taken at a time which does not interfere with the running of School programs.

This means that while you are entitled to vacation leave, you are supposedly entitled to 10 working days in Winter and 8 working days in Summer, if that is the way your contract reads.

If you can not use those vacation days during your vacation, then yes, you essentially lose them.

You are aware that your school requires you to teach camps in Summer and Winter? You are aware that the standard period of a camp is 2 weeks in Summer and up to 3 weeks in Winter?

Planning to use your vacation time at a time that suits you, in this country, is not a good idea. Planning to stick to the wording in your contract is best, and hope for the best.

I have heard rumors (from my co-teacher) that if we can not take all of our allotted vacation time for the vacation period, then we will lose it from this year. I don't know how true this is, as it's not in my contract, and I will be telling her to stick to my contract as she loves to use it against me so often (for her own gain), however, just be ware of this possibility as well.

Oh, and an FYI, the school is not required to pay you for the days that you can not take as vacation days, due to their planning. The school is only required to pay you your salary. So, if you have extra vacation days that you can not use, you may as well kiss them goodbye. Sorry.
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  • country09
  • Expert Waygook

    • 653

    • January 05, 2011, 10:04:21 am
Re: Not allowed to take all my vacation days
« Reply #4 on: March 06, 2015, 03:16:34 pm »
The roll over of your vacation days may give you problems. The standard contract gives 8 in the summer so you are guaranteed those. Talk to your CT about using them beforehand. It does not say that our vacation days have to be grouped together. Basically you are guaranteed those 8 days in the summer. You may have to create a little fuss but it is in your contract so don't back down. As for the roll over days from Winter I am not sure what the protocol is.

Also in the contract(standard public school) it says, "If the requested vacation period interferes with the smooth operation of the programming of the school or institute, the Employer and the Employee shall negotiate an alternate vacation date(s)."

Of course yours may not say this word for word but it clearly states that negotiating can be done so work with your CT before hand and make them aware of the issue and your concern.


  • Eros
  • Super Waygook

    • 380

    • September 01, 2010, 02:43:24 pm
    • Korea
Re: Not allowed to take all my vacation days
« Reply #5 on: March 06, 2015, 03:27:35 pm »
They can't prevent you from taking your vacation days. It's a question of reasonableness as to when you take those days, so try to work something out. They certainly can't say, "sorry but you can't have a vacation this year."

If they are being really difficult about it, as a last resort, call in sick and milk your 10 sick days. Play them at their own game.


  • kyndo
  • Moderator LVL 1

    • 5195

    • March 03, 2011, 09:45:24 am
    • Gyeongsangbuk-do
Re: Not allowed to take all my vacation days
« Reply #6 on: March 06, 2015, 03:34:47 pm »
If you can not use those vacation days during your vacation, then yes, you essentially lose them.
This isn't quite the case.

The public school contract clearly states that we are entitled to a certain number of vacation days in the summer ( my contract says 8 ) and a certain number of days during the winter (my contract says 10).

Article 14, clause 1 (Paid leave)
Quote
The Employee shall be entitled to a vacation period of a total of eighteen ( 18 ) working days during the Term of the Employment set forth under article 5 hereof. If the Employees works in a school, , the Employee shall have vacation for eight ( 8 ) working days during the summer recess and ten (10) working days during the winter recess respectively...
If the requested vacation period interferes with the smooth operation of the programming of the school or institute, the Employer and the Employee shall negotiate an alternate vacation date(s)

While camps take precedence over the scheduling preferences of your vacation, those days are owed you. The school cannot take them away, only reschedule.
« Last Edit: March 08, 2015, 03:51:57 pm by kyndo »


  • ashe1590
  • Super Waygook

    • 428

    • August 27, 2013, 01:07:13 pm
Re: Not allowed to take all my vacation days
« Reply #7 on: March 06, 2015, 03:38:01 pm »
I've heard that a) schools don't allow vacation days to roll into the next contract and b) schools can refuse to give you vacation at any time if it conflicts with camp/ etc.

Does anyone else see how this is open to abuse? Schools could essentially have you teach however many days of camp they want and refuse to give you your vacation time. Surely there is some clause that states you have to get your vacation at sometime during the year.


Re: Not allowed to take all my vacation days
« Reply #8 on: March 06, 2015, 03:40:28 pm »
you're school cannot deny you your vacation days
it's in your contract that you get 18(?) a year
how they are divided up is generally up to the school however (sometimes it's dictated in the contract tho usually 10 in winter and 8 in summer but some do it 9 and 9)
so if it conflicts with your schools camp schedule, you might have some odd days off (such as test days) or have it all broken up and not consecutive (sorry - sol) but they cannot deny you your vacation days.  if they try, then it's a labor board issues....




  • macteacher
  • Expert Waygook

    • 679

    • September 03, 2012, 09:59:00 am
    • south korea
Re: Not allowed to take all my vacation days
« Reply #9 on: March 06, 2015, 03:54:36 pm »


If they're hell bent on camps you may be able to let you take some of them the last few days of the school year as usually no one is doing anything.


Re: Not allowed to take all my vacation days
« Reply #10 on: March 06, 2015, 05:03:09 pm »
If you can not use those vacation days during your vacation, then yes, you essentially lose them.

I have heard rumors (from my co-teacher) that if we can not take all of our allotted vacation time for the vacation period, then we will lose it from this year.

Oh, and an FYI, the school is not required to pay you for the days that you can not take as vacation days, due to their planning. The school is only required to pay you your salary. So, if you have extra vacation days that you can not use, you may as well kiss them goodbye. Sorry.

you are seriously misinformed with regards to vacation days. they are a contractual obligation which the school MUST fulfil. 8 days in summer, and 10 days in winter. so the OP may miss out on 2 days if she was hoping to roll over 2 days from winter, but the school cannot take the other 3 days away from her and allow her to only take 5.

if she can't take all 8 because of camp, the school MUST pay her out for that. it's in the Labor Standards Act so it is actually a law.

so either the school must shorten their camp so she can take her full vacation, pay her out for the 3 missed days, or allow her to take those 3 days somewhere else. it's as simple as that.