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Children

Saving for children's education​

Financial aid for children with special needs​

2022-11 Support for Children with developmental disabilities

Nutritional advice​

Pregnant women and fish​

The health ministry's guidance regarding pregnant women and the consumption of fish can be found here (PDF).

In summary, they say that fish is an important part of a healthy pregnancy diet, but that care must be taken with respect to fish that are exceptionally high in mercury.

They categorize fish by the amount of mercury typically found in an 80 gram serving. This amount of mercury is expressed in terms of a weekly maximum. Fish that are uncategorized are ignored for the purpose of the weekly maximum (ostensibly because they don't contain enough mercury to be worth worrying about).

Uncategorized fish​

  • キハダ
  • ビンナガ
  • メジマグロ
  • ツナ缶
  • サケ
  • アジ
  • サバ
  • イワシ
  • サンマ
  • タイ
  • ブリ
  • カツオ
  • Everything else not mentioned.

Fish where 80 grams contains 50% of the weekly maximum​

  • キダイ
  • マカジキ
  • ユメカサゴ
  • ミナミマグロ
  • ヨシキリザメ
  • イシイルカ

Fish where 80 grams contains 100% of the weekly maximum​

  • キンメダイ
  • ツチクジラ
  • メカジキ
  • ク口マグ口
  • メバチ
  • エッチュウバイガイ
  • マッコウクジラ

Fish that shouldn't be consumed by pregnant women​

  • コビレゴンドウ
  • バンドウイルカ

Leave entitlements​

Maternity leave​

"Maternity leave" refers to the combination of two specific leave entitlements prescribed by national labor law: pre-birth leave (産前休業) and post-birth leave (産後休業). The labor ministry has a good explanation of these entitlements here.

Pre-birth leave begins 6 weeks prior to the due date (14 weeks in the case of twins, triplets, etc.) and runs until the date of birth. Pre-birth leave is not mandatory and pregnant mothers may work up until the day of birth if they wish to do so.

Post-birth leave begins the day after the birth and runs for 8 weeks. Until 6 weeks has passed after the birth, this leave is mandatory (an employer cannot allow a mother to work as an employee during this time, even if the mother wishes to do so). A mother may return to work after 6 weeks if they wish to do so and a doctor certifies that they are healthy.

It is important to note that every pregnant mother with a job is entitled to maternity leave. There is no minimum period of prior employment or minimum number of hours/week. Though note that workers who are not employees (service providers/independent contractors/etc., as discussed here) are not entitled to maternity leave.

Childcare leave​

"Childcare leave" (育児休業) refers to the right of some employees to take leave to care for their child. The labor ministry's explanation of childcare leave is here.

In principle, both parents are entitled to take childcare leave under their child turns one, and both parents may even take leave simultaneously (providing they both intend to return to work). In some circumstances, one parent may take childcare leave until their child turns two.

2022-05 Latest Child Care Leave law changes explained in details

Key references​

Employee status​

  • Indefinite-term (permanent) employees are entitled to childcare leave under Article 5 of the law unless their employer's rules of employment say otherwise, and an employer's rules of employment may only deny childcare leave to the following employees:

    • Employees who were hired in the past year (Article 6(1) of the law).
    • Employees who are scheduled to end their employment within one year (Article 8(1) of the regulations).
    • Employees who regularly work fewer than two full days per week (Article 8(2) of the regulations).

  • When a fixed-term employment contract has been renewed at least once, it is possible for a fixed-term employee to be legally considered an indefinite-term employee, depending on a variety of factors (Article 2 of the guidance).

  • Fixed-term (contract) employees are entitled to childcare leave under Article 5 of the law (unless their employer's rules of employment say otherwise, as above), providing that:

    • they have been continuously employed by the same employer for one year (if specified by the employer's rules of employment); and
    • it is reasonable to expect that they will still be employed by the same employer when their child turns 18 months old.

  • Regarding whether an employee has been continuously employed by the same employer for at least one year:

    • Continuous employment is a question of substance rather than form. Short breaks between the end of one contract and the start of a new contract do not necessarily break continuity (Article 2 of the guidance).
    • Time on maternity leave counts as time employed, so it is not necessary for a mother to have accrued one year of employment prior to taking maternity leave. They just need to have one year of employment by the time they apply for childcare leave.

  • It is reasonable to expect that an employee will still be employed by the same employer when the child turns 18 months old:

    • where the employee's current contract is scheduled to expire after the child turns 18 months old; or
    • where it is not clear at the time of application that the employer and/or employee do not intend to renew the employee's contract to cover the period until the child turns 18 months old (Article 2 of the guidance).

Duration of leave​

Special provisions for fathers​

Article 19 of the Labor Standards Law makes it illegal for a woman to be dismissed while on maternity leave or within 30 days of returning from maternity leave, other than in cases of natural disaster, bankruptcy, etc.

Article 9 of the Equal Opportunity Law makes it illegal for an employer to treat a woman disadvantageously as a result of the woman becoming pregnant or requesting maternity leave. The same article invalidates the dismissal of any woman within one year of them giving birth, unless the employer actively demonstrates that the dismissal was for reasons unrelated to the birth.

Chapter 6-2 of the Labor Standards Law contains a list of protections and entitlements for pregnant women and women who have given birth in the past year. They include the right of a pregnant woman to refuse to work overtime, on holidays, or late at night.