View previous topic :: View next topic |
Author |
Message |
midnightpariah
Joined: 26 May 2007 Posts: 85
|
Posted: Fri May 15, 2015 4:48 am Post subject: Is this legal? |
|
|
I am working at a small kindergarten in the country. I haven’t had any issues with my school in the 9 months that I’ve been working here. I am currently 13 weeks pregnant. I’ve informed my employers and they seemed okay with it. Today during a meeting, I reminded my boss that I would be about an hour late for work on Monday because I have an appointment with the doctor. Since he is the only English speaking doctor, I can only go during certain times, which I’ve explained in the past. Well, today the boss said that if I miss work to see the doctor, then I have to give up one of my vacation days in exchange. I didn’t think it was fair that I have to give up a whole vacation day for one hour of missed work. Plus, I’m not sure that this is exactly legal. I read through the labor laws on pregnancy. It doesn’t say that they can’t take away vacation days, but rather that they must accommodate your appointments. Has anyone had a similar experience? Is there anything I can do about this? |
|
Back to top |
|
 |
mitsui
Joined: 10 Jun 2007 Posts: 1562 Location: Kawasaki
|
Posted: Fri May 15, 2015 5:09 am Post subject: |
|
|
If you miss an hour of work then one hour of a paid holiday can be deducted.
One day I was just one minute late to work so I lost one hour. |
|
Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Fri May 15, 2015 8:05 am Post subject: |
|
|
If your boss is going to deduct a whole day then take the whole day off (as paid leave (presumably LOL)). No point in going to work that day otherwise. |
|
Back to top |
|
 |
mitsui
Joined: 10 Jun 2007 Posts: 1562 Location: Kawasaki
|
Posted: Fri May 15, 2015 10:51 am Post subject: |
|
|
Yes, it is wrong. Your boss should be reported to the labor board.
What prefecture are you in? |
|
Back to top |
|
 |
nicenicegaijin
Joined: 27 Feb 2015 Posts: 157
|
Posted: Thu May 21, 2015 10:20 am Post subject: |
|
|
Join the General Union before things start to get nasty, in that way you will have some form of protection. |
|
Back to top |
|
 |
Yokaides
Joined: 17 Apr 2015 Posts: 20
|
Posted: Fri May 22, 2015 6:53 am Post subject: |
|
|
People have been fired for much less. If you don't want any hassle, just take the full day off. You should have given at least 2 weeks notice. Japanese people usually don't make special accommodations, even in situations like yours. They just go push through, and go to work. |
|
Back to top |
|
 |
nightsintodreams
Joined: 18 May 2010 Posts: 558
|
Posted: Fri May 22, 2015 7:06 am Post subject: |
|
|
^^A new handle from our very own MAteacher/nicenicegaijin, I wonder...^^
Japanese people can and do take nenkyuu in chunks of as little as 15 minutes. And often do for medical reasons. Your reason to take time off is perfectly acceptable within the parameters of Japanese society.
At the end of the year, your unused nenkyuu should be carried over to the following year, BUT they will be rounded down to full days. So for example if you have 3 days and 6 hours nenkyuu remaining at the end of the year, only the 3 days will be carried over. Take this into consideration when using nenkyu. |
|
Back to top |
|
 |
Maitoshi
Joined: 04 May 2014 Posts: 718 Location: 何処でも
|
Posted: Fri May 22, 2015 8:39 am Post subject: |
|
|
Thank you, Nights! This is useful information for many. |
|
Back to top |
|
 |
Yokaides
Joined: 17 Apr 2015 Posts: 20
|
Posted: Fri May 22, 2015 7:24 pm Post subject: |
|
|
From a real life point of view, I would take the appointment on your personal time, either on a Saturday or Sunday. I'm being serious here, you will be seen as inconveniencing your workplace, even though they won't act like it. Your pregnancy isn't even considered a 'medical condition' to them, remember to keep your personal situations separate from work. |
|
Back to top |
|
 |
TokyoLiz
Joined: 16 Jan 2003 Posts: 1548 Location: Tokyo, Japan
|
|
Back to top |
|
 |
midnightpariah
Joined: 26 May 2007 Posts: 85
|
Posted: Wed Jun 10, 2015 8:08 am Post subject: |
|
|
Thanks everyone for the help. Lack of vacation days is the least of my concerns at this point. Now they are trying to straight up fire me because they don't want to have to find someone to cover me for my maternity leave. |
|
Back to top |
|
 |
rtm
Joined: 13 Apr 2007 Posts: 1003 Location: US
|
Posted: Wed Jun 10, 2015 8:43 am Post subject: |
|
|
midnightpariah wrote: |
Thanks everyone for the help. Lack of vacation days is the least of my concerns at this point. Now they are trying to straight up fire me because they don't want to have to find someone to cover me for my maternity leave. |
Going back to your original question (though it seems to not be of relevance anymore), I don't think it's unreasonable for them to ask you to take vacation time (nenkyu) to go to the doctor. Any kind of medical leave is usually taken from nenkyu anyway.
Regarding your new issue, just to clarify, are they actually firing you (i.e., before the end of your current contract), or are they not renewing your contract? This likely makes a difference.
According to the General Union site:
Quote: |
Employees on a fixed-term employment contract who have been consecutively employed for one year or more, and are expected to be employed continuously well after the child turns one years old, can take child care leave (Article 6, ChildCare and Family Leave Law). |
You said you've worked there for less than a year, so your rights may be limited.
More info here: http://www.mhlw.go.jp/general/seido/koyou/ryouritu/english/e1.html |
|
Back to top |
|
 |
fluffyhamster
Joined: 13 Mar 2005 Posts: 3292 Location: UK > China > Japan > UK again
|
Posted: Wed Jul 01, 2015 4:52 pm Post subject: |
|
|
The only job I ever had where taking nenkyu was relatively straightforward was on JET. Most Japanese employers would probably prefer it if you didn't inconvenience them at all! Edit: Oops, missed the bit about now wanting to fire, that sucks.  |
|
Back to top |
|
 |
|