Evening everyone. This is a bit of a half-rant, so I’m sorry if its long and complainy.
TL;DR: Can my employer let me go because of my medical issues/medical work to be done?
I have been working as a direct-hire ALT for about two years. Over these two years I’ve had to get surgery three times, two of them with long recovery periods in which I could still work. Because I’m an ALT, I have somewhat long vacations due to the school year and my work helped me schedule my surgeries during these vacations so I wouldn’t interrupt the school year.
Recently, I visited the doctor and after some debate we decided that we need another surgery. I’ll be off of work for at least 4 days (Monday-Thursday), but unfortunately this is on the same day as a prefecture-wide English contest that I need to attend.
When I informed my supervisor, she told me that I needed to reschedule my surgery so I did not miss the contest, as it was part of my job description. I told her that it wasn’t my choice what the dates were, and that she would need to call my doctor herself if she wanted to reschedule it. That beside my doctor told me it was those days or the middle of June.. next year.
She seemed alarmed at this, like I was trying to take a free week off of work. So we explained it to the superintendent. Both of them told me it was irresponsible of me not to postpone the surgery, but the superintendent was a little more understanding and told me that my health came first, so they would manage.
Because of all the stress and them implying I’m irresponsible, I’m wondering if my job is in jeopardy. This is my fourth surgery and I’m beginning to feel like I’m becoming a ‘problem’, not to mention their lack of accommodation during my recovery may have caused me to need another surgery in the first place.
Am I worried over nothing, or do I need to do things to safeguard my employment/be more diplomatic with my superiors about my medical issues?
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Short answer: You can’t be fired for medical conditions, but as you are a direct-hire ALT I would speculate that you are probably on a yearly contract renewal, and the city could decide (for “other reasons” of course) to not renew you.
Slightly more nuanced answer: While your medical conditions take priority, it would have been best if the surgery was not immediately necessary to arrange it so that, even if it did have to happen during a regular school term, it wouldn’t collide with (what the city sees as) a major aspect of your job responsibilities.
> I have somewhat long vacations due to the school year
This is quite possibly your BOE being incredibly kind to ALTs. I would wager your contract lists somewhere between 10~20 paid days off / year. Also some schools will allow staff to take half-days or “work at home” days during the summer in order to make up for the significant overtime many teachers have to work when school is in session.
How many were you getting?
>not to mention their lack of accommodation during my recovery may have caused me to need another surgery in the first place.
I am sort of confused. It sounds like they gave you ample time off over school vacation to allow you to recover (and that only one of the surgeries required you to take time off.)
>Am I worried over nothing, or do I need to do things to safeguard my employment/be more diplomatic with my superiors about my medical issues?
It is always better to try and minimize the impact your absense will have on your employer, unfortunately. This is not to say you should ever forfeit your health for the sake of your job, just that it is generally easier to arrange things in such a way that minimizes headaches for everyone.
Could you hire someone to cover for the speech contest?
I could be wrong, but perhaps there’s not a lot of urgency here?
> Recently, I visited the doctor and after some debate we decided that we need another surgery. I’ll be off of work for at least 4 days (Monday-Thursday), but unfortunately this is on the same day as a prefecture-wide English contest that I need to attend.
Have you at least considered talking to your doc and rescheduling?
Jesus Christ what’s with the people trying to shift blame on the OP, who’s an ALT?
WTF happened to this sub.
The doctor told the BOE not to put you at a faraway school yet they still put you at a faraway School, forcing you to walk 6km in crutches?! Couldn’t you have refused or bargained with them to trade with another ALT? And they won’t let you use vehicles? What’s the reasoning behind that(sorry I think I know the answer it’s kind of a rhetorical question-they are afraid you might get into an accident and be late for class or something)? Would they let you take a taxi?
Join a Union. The company has no right to treat you like that for health issues out of your control.
Even as an ALT you have the same employment rights as a regular Japanese worker. Is there a union or some kind of place that can explain those rights to you?
You are one of those problem gaijin for strict Japanese work culture. A Japanese worker would cancel the surgery and fall in line. Shameful display!
That said, fuck em. It’s for your health.
Contact a union, get a clear answer
Since so much has already been answered, I’ll try not to touch covered ground.
In terms of losing your job, you won’t for medical reasons but you might not have your contract renewed for other reasons (e.g., doesn’t complete tasks etc). Basically if they feel that you being around is causing a financial burden because they are paying a salary to a mostly non existent person. This isn’t to blame you. Your health is important and I have no idea what ails you. Mostly just putting things in perspective.
Not sure what region you’re in but if you’re in an area with Unions, maybe speak with someone. Other options are to shift around any elective surgeries that you feasibly can. Last thing is to start job hunting around October November to best all the last minute people in January. Hiring season is April but I’d prepare for the worst outcome just Incase.
One final note, if you aren’t on a contract but full time there is almost nothing they can do without the burden of proof being on them.
Are you a directly hired ALT with a board of education?
If so then you’re a fiscal year “appointed” employee.
It’s a yearly “appointment”, so to my understanding, plays outside the realm of the ‘Labor Contract Act’ on account of it being an “appointment” and not a contract. Meaning, I believe you don’t have the same protection from dismissal and/or termination (non-renew) as those in fixed-term contracts have. None the less you can still check this link: https://www.japaneselawtranslation.go.jp/notices/view/128 under “)vi) Prevention of dismissal and support for re-employment”
Meaning (if I’m correct)…. As shit as it sounds, directly hired ALTs (this includes JETs) hired directly by a board of education are very very very easy to get rid of should the board of education desire. And your boss may say “it’s ok… health first” to your face, but in reality may not mean it.
It’s kinda a piss take really as the government make the labor contract rules for all employers to follow…. But yet don’t even follow the rules themselves for their own contracted (well “appointed” employees)
If you’re working for a private school then you’re likely on a fixed-term contract and have a more robust case following the information in the link I shared.
Note: there is a chance I am incorrect about the fiscal year “appointment” not being the same as a fixed-term contract. So anyone please do correct me if I am incorrect.