Q1)I want to have some information on maternity laws for foreigner working for a Japanese Company for three years.

A1)Pre and Postnatal Maternity Leave Policy( Article 65-68, "Labor Standards Law")

1. A female employee who is expecting the birth of a child may, upon presenting medical confirmation, take leave for 6 weeks prior to her due date. Any employee who is expecting a multiple birth, however, is entitled to a Prenatal Leave of 10 weeks. ( Article 65)
2. A female employee who has given birth is entitled to a Postnatal Leave of 8 weeks. In such cases, the employee must submit a certificate of birth and any other papers the employer may request. If an employee requests a return to work after only six weeks of Postnatal Leave, the employer may, with the approval of a physician, assign her to duties that are in keeping with her physical condition.
3. A female employee shall receive pay for 6 weeks of her Prenatal Leave and 6 weeks of her Postnatal Leave.
4. A female employee who is either pregnant or has given birth within last twelve months shall, upon request, be excused from overtime, holiday, and late-nightwork.(Article 66)

Q2)Payment during Maternity Leave
I have a question with regard to my maternity leave.
I would like to know what happens with my national health and pension payments.
As my leave will be unpaid, I am concerned that I may not be able to afford my payments.
Am I entitled to any kind of maternity leave payment from another source?
For example, the Japan Health Handbook quotes that I may be entitled to up to 60% of my salary during maternity leave if my company decide not to pay me. Is this true?


A2)
You will be paid during the Pre and Postnatal Maternity Leave. In addition,
If you are the member of the Health Insurance Society of the company you work for, ("Kenko Hoken Kumiai" in Japanese), you will be paid equivalent to 60% of your standard daily remuneration per day, from 42 days before childbirth to 56 days after child birth date for the unpaid period as "Maternity Allowance" upon the submission of certificate of your child's birth(Article39.7 The Labor Standards Law).
Since April 1st, 1999, "Maternity Allowance Additional Sum"(equivalent to 25% of your standard daily remuneration per day) has been made available to you.
Health Insurance Society also pays you "Childbirth and Childcare Lump Sum Grant", 300,000 yen for each delivery, and Childbirth and Childcare Additional Sum of 66,000 yen will be paid since April 1st, 1999.
You have to keep paying your pension and health payments during the leave.

Q3)

1. When should I apply for maternity leave payments (60% of my monthly salary) by who, my company or myself?
   Will my national health insurance keep to be deducted from my earnings by my employer?
2. How does the government calculate the amount I will receive?
   For example, do they take an average of my earnings over the past year and then take 60% of that?
   Or, do they base it on my contractual monthly salary?
3. How long will it take before I receive benefits?
   

1. In many cases, the employee, not the employer, submits a request for maternity leave payments after baby's birth, and you have to fill in how many days you would take as your postnatal leave.
   Both you and your employer need to sign on your application.
   Your employer may provide you the application form.
   At first, you are entitled to receive 300,000 yen - from the National Health Insurance as a lump sum for a baby's birth (There is another application form to fill for this entitlement).
   Of course, you need to pay your health insurance, which will be deducted from your salary, during your maternity leave.
   However, as there shall be no salary paid to you during your maternity leave, the payment will be postponed to the due date of following month.
2. 2. The Government calculates the amount of your entitlement by the total sum of your earnings (before tax) over the past one year.
3. You shall receive your benefit following your submission of the application.

Q4)Please let me know about Childcare Leave

1. How can we apply to take childcare leave for both female and male employee?
2. Can we change the period of childcare leave afterwards?
3. Do I continue making health insurance and pension payments during childcare leave?

1. The employee lives with and cares for a child (natural or adopted) under one year of age (Article 2)
2. The employee has worked for the company longer than one year
3. The employee intends to continue working for the company after the Childcare leave
4. The employee is not employed for a predetermined period.

1. 1. Female employee can take the Childcare Leave from the day following the expiration of maternity leave, however, the male employee may apply the leave from the date immediately following his wife's delivery of a child.
   You need to apply for the leave one month before the expected starting date of the leave and basically you can only take the Childcare leave while your child is under one year of age.
   Please follow the procedure of application set by your company.
2. The period of approved maternity leave may be extended to the first birthday, inclusive, of the infant affected, provided the applicant submits written request for extension no later than one month prior to the date said maternity leave is scheduled to end.
3. During the Childcare Leave, no wages shall be paid.
   An employee's bonus will be paid on a per diem basis for the period of bonus entitlement, excluding the days s/he was on the childcare leave.
   As for the duration of unpaid maternity leave, the affected employee shall remain eligible for social insurance benefits and shall be exempt from the obligation to pay health insurance and welfare pension insurance premiums.
   However, you will be paid "Childcare Allowance or Ikuji Kyugo Kihon Kyufu Kin" from the Unemployment Insurance during the Childcare Leave, equivalent to 20% of your standard daily remuneration per day, instead. (You should be paying the Unemployment Insurance before hand).
   However, this will not be paid to you if you receive over 80% of your standard daily remuneration from the company additionally.
   And , you'll be paid 5% of your standard daily remuneration per day("Returning to Work Allowance or Shokuba Fukki Kyufu Kin") after six
   months you get back to work.
   This allowance can be benefited neverthelessly you're paid or not during the Childcare Leave from your employer. And for local taxes and other deductions from the employee's salary shall be withdrawn from said employee's bank account every month, but this can be extended up to one year under certain conditions.

Q5)Any Other Childcare treatments

A5)There are Special Measures for Childcare.
A female employee who has a child under one year of age with two 30-minute nursing periods per day at her request. (Article 67,Labor Standard Law)

Q6)Is it possible to take a time to go to hospital while pregnant?

A6)"Equal Employment Opportunity Act" requires the company to give due regard to ensuring adequate time to receive health guidance, health check-ups, or take a rest during pregnancy and after the delivery (Article 26, 27).

Q7)What should I do if I've got "Unreasonable Resignation Dismissal" or "Change of Employment Status" requested by the company?

A7)According to the "Childcare Leave Act", it strictly prohibits the employer of employee dismissal because of applying or taking a childcare leave.
And if you are requested to change job or status from your company because of your applying or taking a child care leave, that could be a breach of "Labor Standards Law" or "Equal Employment Opportunity Act"

If you are asked to resign and you have opposition, we recommend you to have a consult with your labor union or a labor center which is managed by local government. The public sector would arbitrate, counsel, and assist you for such a conflict between capital and labor.

<Reference>
Labor Standards Law (in English) (http://www.campus.ne.jp/~labor/rootseiri/roukihou.html)
Childcare Leave Act (in Japanese only) (http://www.miinet.or.jp/WM/jouhou/topics/ikuji.html)

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