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Is this legal?

 
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midnightpariah



Joined: 26 May 2007
Posts: 85

PostPosted: Fri May 15, 2015 4:48 am    Post subject: Is this legal? Reply with quote

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?
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mitsui



Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki

PostPosted: Fri May 15, 2015 5:09 am    Post subject: Reply with quote

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.
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fluffyhamster



Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again

PostPosted: Fri May 15, 2015 8:05 am    Post subject: Reply with quote

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.
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mitsui



Joined: 10 Jun 2007
Posts: 1562
Location: Kawasaki

PostPosted: Fri May 15, 2015 10:51 am    Post subject: Reply with quote

Yes, it is wrong. Your boss should be reported to the labor board.
What prefecture are you in?
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nicenicegaijin



Joined: 27 Feb 2015
Posts: 157

PostPosted: Thu May 21, 2015 10:20 am    Post subject: Reply with quote

Join the General Union before things start to get nasty, in that way you will have some form of protection.
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Yokaides



Joined: 17 Apr 2015
Posts: 20

PostPosted: Fri May 22, 2015 6:53 am    Post subject: Reply with quote

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.
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nightsintodreams



Joined: 18 May 2010
Posts: 558

PostPosted: Fri May 22, 2015 7:06 am    Post subject: Reply with quote

^^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.
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Maitoshi



Joined: 04 May 2014
Posts: 718
Location: 何処でも

PostPosted: Fri May 22, 2015 8:39 am    Post subject: Reply with quote

Thank you, Nights! This is useful information for many.
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Yokaides



Joined: 17 Apr 2015
Posts: 20

PostPosted: Fri May 22, 2015 7:24 pm    Post subject: Reply with quote

Rolling Eyes 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.
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TokyoLiz



Joined: 16 Jan 2003
Posts: 1548
Location: Tokyo, Japan

PostPosted: Fri May 22, 2015 10:22 pm    Post subject: Reply with quote

A little search turned up the info you need -

An employer must allow you to take leave for check-ups.

On the birth of the child, you get a lump sum benefit.

http://www.nic-nagoya.or.jp/en/e/archives/5679

A comprehensive description of employment rules
http://www.japan-payroll.com/japan-employee-benefits/

To second what Nights said, it is common for employees to take fractions of days off.
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midnightpariah



Joined: 26 May 2007
Posts: 85

PostPosted: Wed Jun 10, 2015 8:08 am    Post subject: Reply with quote

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.
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rtm



Joined: 13 Apr 2007
Posts: 1003
Location: US

PostPosted: Wed Jun 10, 2015 8:43 am    Post subject: Reply with quote

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
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fluffyhamster



Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again

PostPosted: Wed Jul 01, 2015 4:52 pm    Post subject: Reply with quote

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. Sad
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