Maternity Leave in Japan

[wanderingstar83]

Hi Everyone,

I can only find some old threads and some out of date laws- and when I called the Japanese Labour office, the lady there (while lovely) and I had trouble communicating, so my questions remained relatively unanswered. Hoping someone here might know the laws/answers in regard to maternity and childcare leave:

I live in Niigata with my husband and we are thinking of starting a family within the next 2 years or so. I am currently working part time for my husband's company for only 5 hours/fortnight (I am on a dependant visa, and am finishing my degree by correspondence) however I am not under contract (But could be if I asked, we just didn't bother at the time).

Q1- I have been told I am eligible for maternity leave (As all female employees in Japan are), but is it paid?
Q2- Do I need to be on a contract to claim?

More likely though I will be working full time for them (or another company) from March next year, but I have noticed to be eligible for child care leave (not maternity for the birth, but for the year after), you need to be on a 1 year contract, whereas most eikaiwa contracts are from say Apr 1- Mar 31 (a day under a year).

Q3- Is this some kind of loophole? Or would I still be eligible for both?

Last question,

Q4- How long would I need to work before I would be eligible for both of this paid leave? Would I need to do a full year at a company, or, if I say get pregnant at 4 months after working (and have the baby 9 months later), would this be okay?


I am hesitant to ask these questions to the company, as they may not want to hire me full time if they know I might leave them within a year...

Thanks for your help with answering all the questions.

[horrified]

All good questions. I don't have an authoritative answer for you, but I would imagine if you are not full-time you won't be eligible for paid maternity leave. Full-timers are likely eligible (if it's truly full-time.) Watch out, as many companies tell you verbally it's full-time, but when you look carefully at the contract, it's technically part-time.

The Niigata Friendship Center (at Crosspal in Furumachi) has free legal counselling usually once a month. Call them up and ask when the next session is available, and if you tell them the nature of the query, the lawyers can prepare something for you.j

[Cultureshock]

Hi

Check this link http://www.generalunion.org/law/lsl#S5

Hi Everyone,

I can only find some old threads and some out of date laws- and when I called the Japanese Labour office, the lady there (while lovely) and I had trouble communicating, so my questions remained relatively unanswered. Hoping someone here might know the laws/answers in regard to maternity and childcare leave:

I live in Niigata with my husband and we are thinking of starting a family within the next 2 years or so. I am currently working part time for my husband's company for only 5 hours/fortnight (I am on a dependant visa, and am finishing my degree by correspondence) however I am not under contract (But could be if I asked, we just didn't bother at the time).

Q1- I have been told I am eligible for maternity leave (As all female employees in Japan are), but is it paid?
Q2- Do I need to be on a contract to claim?

More likely though I will be working full time for them (or another company) from March next year, but I have noticed to be eligible for child care leave (not maternity for the birth, but for the year after), you need to be on a 1 year contract, whereas most eikaiwa contracts are from say Apr 1- Mar 31 (a day under a year).

Q3- Is this some kind of loophole? Or would I still be eligible for both?

Last question,

Q4- How long would I need to work before I would be eligible for both of this paid leave? Would I need to do a full year at a company, or, if I say get pregnant at 4 months after working (and have the baby 9 months later), would this be okay?


I am hesitant to ask these questions to the company, as they may not want to hire me full time if they know I might leave them within a year...

Thanks for your help with answering all the questions.

[Shakes Spear]

I live in Niigata with my husband and we are thinking of starting a family within the next 2 years or so. I am currently working part time for my husband's company for only 5 hours/fortnight (I am on a dependant visa, and am finishing my degree by correspondence) however I am not under contract (But could be if I asked, we just didn't bother at the time).

Q1- I have been told I am eligible for maternity leave (As all female employees in Japan are), but is it paid?
Q2- Do I need to be on a contract to claim?

More likely though I will be working full time for them (or another company) from March next year, but I have noticed to be eligible for child care leave (not maternity for the birth, but for the year after), you need to be on a 1 year contract, whereas most eikaiwa contracts are from say Apr 1- Mar 31 (a day under a year).

Q3- Is this some kind of loophole? Or would I still be eligible for both?

Last question,

Q4- How long would I need to work before I would be eligible for both of this paid leave? Would I need to do a full year at a company, or, if I say get pregnant at 4 months after working (and have the baby 9 months later), would this be okay?


I am hesitant to ask these questions to the company, as they may not want to hire me full time if they know I might leave them within a year...

I don't want to be a prick but if I could just play devil's advocate for a moment, you do see why they might have a problem with your plan, right?

I know it's human nature to be a bit selfish and self-centered, but you realize if you sign up for a contract to work for someone, there is an expectation that you actually plan to do the work.

Try to put yourself in their position for a moment. They'll first be making an investment in you and a commitment to you with training and a guaranteed monthly salary.

Then they'll be committed to continue to pay you after you take off to have a baby, as well as find a replacement, explain to the parents and students, etc.


Does anyone have any thoughts towards anyone but themselves anymore??

[Cultureshock]

I agree!! But there are companies that refuse to accept that part-time staff are entitled to paid holiday after just six months.

Then they'll be committed to continue to pay you after you take off to have a baby, as well as find a replacement, explain to the parents and students, etc.


Does anyone have any thoughts towards anyone but themselves anymore??

[KansaiBen]

Then they'll be committed to continue to pay you after you take off to have a baby, as well as find a replacement, explain to the parents and students, etc.


Does anyone have any thoughts towards anyone but themselves anymore??

Not to mention most language schools cant afford to pay 60% of someones wages for up to a year while they are not actually working.

Big companies can absorb the extra cost, your average eikaiwa can't in most cases.

[me2]

Not to mention most language schools cant afford to pay 60% of someones wages for up to a year while they are not actually working

It is fortunate that they don't actually pay then, isn't it? The money comes from the government not the company, if eligible.

[Azumi]

Q1- I have been told I am eligible for maternity leave (As all female employees in Japan are), but is it paid?
Yes, usually 60% of your usual salary.

Q2- Do I need to be on a contract to claim?
Where I work (not an English school and I don't teach English) you need to be employed full time in order to qualify.

Q4- How long would I need to work before I would be eligible for both of this paid leave? Would I need to do a full year at a company, or, if I say get pregnant at 4 months after working (and have the baby 9 months later), would this be okay?
As long as your contract has been moved to full time/permanent staff and you were not pregnant before this happened without telling them first. Then you are eligible.

You might also want to check what sort of payment your workplace offers for you having a child. Sometimes you can receive extra cash.

[wanderingstar83]

Q1- I have been told I am eligible for maternity leave (As all female employees in Japan are), but is it paid?
Yes, usually 60% of your usual salary.

Q2- Do I need to be on a contract to claim?
Where I work (not an English school and I don't teach English) you need to be employed full time in order to qualify.

Q4- How long would I need to work before I would be eligible for both of this paid leave? Would I need to do a full year at a company, or, if I say get pregnant at 4 months after working (and have the baby 9 months later), would this be okay?
As long as your contract has been moved to full time/permanent staff and you were not pregnant before this happened without telling them first. Then you are eligible.

You might also want to check what sort of payment your workplace offers for you having a child. Sometimes you can receive extra cash.

Thanks so much Azumi and everyone else. This has been really helpful

[korpsy]

Then they'll be committed to continue to pay you after you take off to have a baby, as well as find a replacement, explain to the parents and students, etc.


Does anyone have any thoughts towards anyone but themselves anymore??

You obviously don't know what you're talking about, as Japanese companies don't pay anything to people taking maternity leave UNLESS they have their own policy to do so, which if they can't afford to do, they wouldn't. Maternity leave benefits are paid by the government.