In Japan, there are four main maternity and childcare leave systems, as shown in the table below. If you’re not sure what they are, please take a look at the overview in the article below.
This time, we received several questions about these systems. Together with Masashi Yasumori, a certified Labor and Social Security Attorney, we’ll walk you through the answers to help you understand them better.
| Japanese | Romaji | English |
|---|---|---|
|
産前産後休業 |
Sanzen sango kyūgyō |
Maternity Leave (Pre-Birth, Post-Birth) |
|
産後パパ育休 |
Sango papa ikukyū |
Postpartum Paternity Leave |
|
育児休業 |
Ikuji kyūgyō |
Childcare Leave |
|
パパママ育休プラス |
Papa mama ikukyū purasu |
Plus Childcare Leave |
Table of Contents
Profile of Writer
Masashi Yasumori
Representative of Yasumori Social Insurance Labor Consultant Office;
After 25 years at Central Japan Railway Company (JR Tokai), opened Yasumori Social Insurance Labor Consultant Office in 2023. At JR Tokai, worked on human resources strategy, Shinkansen reservation system development, and the creation of railway usage rules. Now, as a certified Labor and Social Security Attorney, provide consulting on HR matters and write as a specialist in labor and employment issues.
Chapter 1: Maternity Leave
Question1
I heard that maternity leave in Japan can be taken starting six weeks before the expected date of childbirth. What if I’m not feeling well and want to take leave earlier than that? Would it be considered part of maternity leave, or would I have to use my paid vacation days?
Answer
Under the Labor Standards Act, you can only take maternity leave before childbirth starting six weeks before the expected date of childbirth. However, some companies allow a longer period of prenatal leave than the law requires, so check your company’s work regulations.
If your attending physician advises you during a medical examination to take leave before the official start of maternity leave, inform your company to take leave. In such cases, ask your doctor to fill out the Maternity Health Care Guidance Instructions Form (Bosei Kenkō Kanri Shidō Jikō Renraku Kādo) and submit it to your company.
If your company doesn’t offer prenatal leave beyond what the Labor Standards Act requires, and your doctor hasn’t advised you to take leave earlier, you will need to use your paid leave if you want to take time off before the official maternity leave period.
| English | Romaji | Kanji |
|---|---|---|
|
Maternity Health Care Guidance Instructions Form |
母性健康管理指導事項連絡カード |
Bosei Kenkō Kanri Shidō Jikō Renraku Kādo |
Question2
I understand that postnatal leave can be taken until eight weeks after the date of childbirth. However, my delivery was 10 days later than expected. In this case, will those 10 days be treated as unpaid leave?
Answer
If you give birth later than the expected date, the period from the expected date to the actual date of childbirth is still considered part of your prenatal leave. Therefore, the 10-day delay will not be treated as unpaid leave but will be counted as part of your prenatal leave.
Question3
I currently work for a foreign-affiliated company that provides maternity leave as part of its employee benefits. However, maternity leave is unpaid. In this case, if I have been enrolled in employment insurance for over 12 months at the time of childbirth, can I receive benefits during the leave period?
Answer
You can receive benefits from employment insurance if you take child-rearing leave. However, during prenatal and postnatal leave, you will receive maternity allowance from health insurance.
Maternity allowance is paid for the period of leave, which includes:
6 weeks (42 days) before the expected date of childbirth
The days between the expected date and the actual date of childbirth
8 weeks (56 days) after childbirth
The allowance covers the days you were not working during the prenatal and postnatal leave period. The payment is approximately two-thirds of your daily salary.
If your employer continues to pay your salary during the prenatal and postnatal leave and the amount is higher than the maternity allowance, you will not receive the maternity allowance. If the salary is lower than the maternity allowance, the difference will be paid to you as maternity allowance.
Please also check this for information on maternity-related benefits.
Chapter 2: Postpartum Paternity Leave
Question1
If I take “Paternity Leave” after childbirth, can I then take continuous child-rearing leave afterward?
Answer
You can take child-rearing leave right after paternity leave. You can split the leave into two periods, just like regular child-rearing leave. If both parents take the leave, the Plus Childcare Leave program can apply.
Remember to check the company’s deadline for applying, which is usually one month before the leave starts.
Question2
If I’m on paternity leave and enrolled in employment insurance, can I apply for the 出生時育児休業給付金 (child-rearing leave benefits)? Will I still get my salary?
Answer
Whether you receive a salary during paternity leave depends on your company’s policy. Please check your company’s rules (many companies do not pay salary during paternity leave).
If your company does pay a salary during this time, applying for the 出生時育児休業給付金 (child-rearing leave benefits) may result in the following adjustments:
If your salary is 13% or less of your pre-leave salary (or 30% after 181 days of leave), the benefits will not be reduced.
If your salary is more than 13% but less than 80% of your pre-leave salary, you will receive the difference between 80% of your pre-leave salary and the salary paid by the company.
If your salary is 80% or more of your pre-leave salary, no benefits will be paid.
Chapter 3: Childcare Leave
Question1
Can I have a side job while using the child-rearing leave system? Will it affect the benefits? Do I have to file a tax return in this case?
Answer
If your company’s rules allow side jobs, you can generally have one during child-rearing leave (there is no law that bans side jobs).
Typically, having a side job will not affect the child-rearing leave benefits. However, you must not work more than 10 days or 80 hours per month, as exceeding this limit may make you ineligible for benefits.
If your side income exceeds 200,000 yen per year (after expenses), you generally must file a tax return. To confirm whether you need to file taxes in your specific case, please consult a tax professional.
Question2
If I take child-rearing leave, will it affect my treatment when I return to work?
Answer
Taking child-rearing leave will not affect your treatment when you return to work. The Child Care and Family Care Leave Act prohibits employers from treating employees unfairly because they requested or took child-rearing leave.
Chapter 4: Plus Childcare Leave
Question1
After taking paternity leave, I wanted to take additional leave under the Plus Childcare Leave system, but my company said it’s difficult due to staffing shortages. Is it difficult to take leave if the company refuses?
Answer
According to the Child Care and Family Care Leave Act, employers cannot refuse an employee’s request for child-rearing leave in principle.
However, there are some exceptions based on agreements between the company and the labor union (labor-management agreements). The company may refuse leave requests for employees in the following situations:
Employees with less than one year of employment
Employees who are set to leave or have their contract terminated within a year of the leave request
Employees who work 2 days or fewer per week
In general, the company cannot refuse child-rearing leave. If this happens, you can consult the local labor office (Employment Environment and Equality Division) for help.
Question2
Does using the Plus Childcare Leave system affect my child’s daycare application?
Answer
If you take regular childcare leave, you need to apply for daycare before your child turns one. If you don’t get a spot, you can extend your leave.
But if you use Plus Childcare Leave system, the deadline to apply for daycare changes. Instead of your child’s first birthday, the deadline is the last day of your planned leave.
Also, many daycares in Japan only accept new children in April.
So if you planned to return to work in April but take extra leave through this program, you may miss that timing. This can make it harder to get daycare in the middle of the year.
Thank you for all your great questions! We hope this guide has helped clarify maternity and childcare leave in Japan. If you have any more questions, feel free to reach out to us by commenting below. We’re here to help!
