I Want to Give Birth. Do I Have to Quit My Job or School ?
Pregnancy and Childbirth and Work
Dismissal due to pregnancy or childbirth is prohibited by Japanese law.
Japanese law prohibits a company from firing its employees or treating them unfavorably because of pregnancy or childbirth. There are also laws in place to protect pregnant and post-natal workers. Technical intern trainees are also protected by these laws if they become pregnant or give birth.
(Please see page 29 of the Technical Intern Training Program Booklet.)
If you are forced to leave a company or to return to your home country due to pregnancy or childbirth, please seek support immediately.
The Equal Employment Opportunity Law has some stipulations for the health of mothers
The company must ensure that workers have the time necessary to get maternity checkups.
The number of allowances required by law are as follows:
During pregnancy：
Every 4 weeks until the 23rd week of pregnancy
Every 2 weeks from 24th to 35th week of pregnancy
Every week after 36 weeks of pregnancy until delivery
After childbirth (within 1 year after the childbirth)：
According to the instructions of your doctor.
If a pregnant or post-natal worker is given special instructions by a doctor, the company will have to change their work accordingly, in line with the doctor’s instructions.
Workers can ask for changes:
Prohibition of disadvantageous treatment due to pregnancy, childbirth, etc.
The company cannot dismiss or discriminate against workers due to situations like pregnancy, childbirth, taking leaves of absence before or after childbirth, or changes in work time during pregnancy.
Examples of treatment considered disadvantageous
You can also consult with the Employment Environment and Equality Office of the nearby Prefectural Labor Bureau.
List of locations of the Employment Environment and Equality Department (Office)：https://www.mhlw.go.jp/content/000177581.pdf（Japanese）
The Labor Standards Act establishes some minimum standards to protect women during pregnancy and childbirth
These laws are also written on the Ministry of Health, Labor and Welfare website. (Japanese)
https://www.mhlw.go.jp/bunya/koyoukintou/seisaku05/01.html
Pregnancy puts a heavy burden on a woman's mind and body. If you are pregnant and not feeling well, consult with your doctor to notify the company to adjust the content and amount of work. In order to convey the contents of the guidance from the doctor to the company, you can ask the doctor to write a "Maternal Health Maintenance Information Card".
You can click below to read about the experiences of a technical intern trainee who gave birth and took maternity leave from her company.
Japanese law prohibits a company from firing its employees or treating them unfavorably because of pregnancy or childbirth. There are also laws in place to protect pregnant and post-natal workers. Technical intern trainees are also protected by these laws if they become pregnant or give birth.
(Please see page 29 of the Technical Intern Training Program Booklet.)
If you are forced to leave a company or to return to your home country due to pregnancy or childbirth, please seek support immediately.
The Equal Employment Opportunity Law has some stipulations for the health of mothers
The company must ensure that workers have the time necessary to get maternity checkups.
The number of allowances required by law are as follows:
During pregnancy：
Every 4 weeks until the 23rd week of pregnancy
Every 2 weeks from 24th to 35th week of pregnancy
Every week after 36 weeks of pregnancy until delivery
After childbirth (within 1 year after the childbirth)：
According to the instructions of your doctor.
If a pregnant or post-natal worker is given special instructions by a doctor, the company will have to change their work accordingly, in line with the doctor’s instructions.
Workers can ask for changes:
- in commuting to work during a pregnancy (changing or shortening work time)
- with breaks during pregnancy (longer and/or more breaks)
- according to symptoms during pregnancy or after childbirth (limiting work and/or taking leave)
Prohibition of disadvantageous treatment due to pregnancy, childbirth, etc.
The company cannot dismiss or discriminate against workers due to situations like pregnancy, childbirth, taking leaves of absence before or after childbirth, or changes in work time during pregnancy.
Examples of treatment considered disadvantageous
- Dismissal
- Forced resignation
- Not renewing the employment contract
- Lowering the number of renewals of employment contracts when the upper limit of the number is fixed
- Changing regular employees to non-regular employees such as part-time workers
- Ordering a disadvantageous home quarantine
- Salary reduction
You can also consult with the Employment Environment and Equality Office of the nearby Prefectural Labor Bureau.
List of locations of the Employment Environment and Equality Department (Office)：https://www.mhlw.go.jp/content/000177581.pdf（Japanese）
The Labor Standards Act establishes some minimum standards to protect women during pregnancy and childbirth
- If a woman is expected to give birth within 6 weeks (or 14 weeks for multiple pregnancies) and requests maternity leave, the company is not allowed to make her work. The company also cannot force a woman to work within 8 weeks after childbirth. (Note: if the woman wishes to work and is in the 6th week after the childbirth and her doctor approves, the company can have her work in a position which would not be harmful to her health.)
- If a pregnant woman requests, the company must transfer her to lighter duties.
- The company cannot allow pregnant or post-natal women to do work that is harmful to pregnancy, childbirth, or parenting.
- If a pregnant or post-natal woman requests, the company cannot force her to work longer than her legal weekly hours.
- If a pregnant or post-natal woman requests, the company cannot force her to work overtime, on her day off, or late at night.
- Women raising a child under the age of 1 can request at least 30 minutes of childcare time twice daily.
- If the company does not comply with these laws, the employer will be punished by imprisonment with work for not more than 6 months or a fine of not more than 300,000 yen.
These laws are also written on the Ministry of Health, Labor and Welfare website. (Japanese)
https://www.mhlw.go.jp/bunya/koyoukintou/seisaku05/01.html
Pregnancy puts a heavy burden on a woman's mind and body. If you are pregnant and not feeling well, consult with your doctor to notify the company to adjust the content and amount of work. In order to convey the contents of the guidance from the doctor to the company, you can ask the doctor to write a "Maternal Health Maintenance Information Card".
You can click below to read about the experiences of a technical intern trainee who gave birth and took maternity leave from her company.
If a pregnant technical intern trainee is unable to perform the training that she has been participating, the trainee can ask the supervising organization to change the technical intern training plan.
If a technical intern trainee is unable to continue the training due to childbirth, the technical intern training can be temporarily suspended. While temporarily suspending the program, the employment relationship with the company should remain ongoing. Before temporarily suspending the program, ask the supervising organization to submit a "Notification of Difficulty in Implementing Technical Intern Training 技能実習実施困難時届出書 ginojisshu-konnanji-todokedesho" (due to maternity leave or childbirth) to the OTIT. Also, ask the company to undertake procedures such as maternity leave. Following maternity leave, you can resume technical intern training.
You do NOT have to quit your job even if you get pregnant. If you need help and are dealing with unfair treatment and a planned or unplanned pregnancy, please consult with us!
If a technical intern trainee is unable to continue the training due to childbirth, the technical intern training can be temporarily suspended. While temporarily suspending the program, the employment relationship with the company should remain ongoing. Before temporarily suspending the program, ask the supervising organization to submit a "Notification of Difficulty in Implementing Technical Intern Training 技能実習実施困難時届出書 ginojisshu-konnanji-todokedesho" (due to maternity leave or childbirth) to the OTIT. Also, ask the company to undertake procedures such as maternity leave. Following maternity leave, you can resume technical intern training.
You do NOT have to quit your job even if you get pregnant. If you need help and are dealing with unfair treatment and a planned or unplanned pregnancy, please consult with us!
