Maternity leave and childcare leave are peremptory norms that must be allowed when a worker applies for them. However, since vacations and leave are considered as parts of the employer’s authority for personnel matters, if you use them without employer’s grant, it is considered as an unauthorized absence. Therefore, there is ambiguity about whether maternity leave and childcare leave without permission of the employer corresponds to absenteeism. Recently, the Ministry of Employment and Labor has made an administrative interpretation that it cannot be regarded as absenteeism.

Maternity leave, miscarriage/stillbirth leave, and childcare leave are peremptory norms which effective when certain requirements are met. As an employer, it is required to grant an application when an employee applies for it. The Ministry of Employment and Labor, in principle, does not recognize the right of the employer to change the time of such leave. Therefore, if the employer does not express acceptance without proper reason and an employee started his/her leave, it cannot be judged as absenteeism caused by causes attributable to the employee.

However, in reality, it is a real burden to the workers to take a vacation or leave without permission of the employer, so be careful. Any worker who intends to apply for childcare leave shall submit, to an employer, a written application indicating the name and the date of birth of the infant to be cared for, the scheduled commencement date of childcare leave, scheduled end date of childcare leave, application date and applicant for childcare leave, etc. not later than 30 days prior to the scheduled commencement date of childcare leave. Also, it is the safest way to report to the Ministry of Employment and Labor on the day of commencement of childcare leave. On the other hand, maternity leave should be given even if the worker does not apply.