Maternity leave 産前産後休業

Statutory leave before and after childbirth, separate from childcare leave. Also written sanzen sango kyugyo, sankyu, pre- and post-natal leave.

Maternity leave in Japan comes from Article 65 of the Labour Standards Act and has two halves. Before the birth, a woman may take six weeks off, or 14 weeks for a multiple pregnancy, if she asks for it. After the birth, she may not work for eight weeks, whether she asks or not. The only exception is that after six weeks she may return to work her doctor has approved, if she wants to. There is no minimum length of service and no exclusion for part-timers or fixed-term staff.

The employer does not have to pay salary during the leave. Instead, the employee's health insurance pays a childbirth allowance of around two-thirds of her standard daily pay, and a separate lump sum covers the cost of the birth itself. Employee and employer social insurance contributions are both waived for the period, so the cost to the company is small.

Maternity leave is followed, usually without a break, by childcare leave, which is a different statute and a different benefit. Foreign headquarters often treat the two as one "parental leave" bucket. In Japan they have separate rules, separate forms and separate benefits.

What it means for a foreign employer

Sources

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General information for employers, not legal advice. Thresholds and dates are checked against the sources listed and dated above; confirm anything you act on with a Japanese employment lawyer or a licensed labour and social security attorney.