Topic: What the law gives you after a child is born
How does Japan mark What the law gives you after a child is born?
Everyday topic
Japan's maternity leave is written not only as a right but as a prohibition. Article 65 of the Labour Standards Act says an employer must not employ a woman who has requested leave within six weeks of her expected date of birth (fourteen for a multiple pregnancy), and then states flatly that an employer must not employ a woman within eight weeks after childbirth. Before the birth, in other words, the woman has to ask; for the eight weeks after it, she may not work even if she wants to. The only exception is work a doctor finds unobjectionable, requested by the woman herself, after six weeks have passed. Where the other six markets write down how many days one may rest, this article writes down how many days an employer may not make someone work — the subject of the sentence is the employer, not the worker. Childcare leave sits in a separate statute, and the benefit is paid out of employment insurance rather than by the employer.
What is this topic?
Taiwan's Labour Standards Act gives eight weeks of maternity leave, fully paid after six months of service. Japan's goes further in a different direction: Article 65 forbids an employer to let a woman work for eight weeks after birth — not a right but a prohibition. Brazil's Consolidation of Labour Laws sets 120 days. Indonesia's Law 4 of 2024 sets a floor of three months and a further three if needed, with the wage percentage written out month by month. The American FMLA says in plain words that the leave "may consist of unpaid leave". And India is stranger still: the constitution requires the state to provide maternity relief, in a part the constitution itself says no court may enforce.
Sources and dates
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