My company does not want to grant me childcare leave, saying that they cannot because I recently returned from maternity leave. I have to use my childcare leave because I have no one else to care for my child. What should I do? Is it okay to use childcare leave without the company’s permission?
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 within the employer’s authority for personnel matters, if you use them without employer approval, it will be considered 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 become effective when certain requirements are met. Employers are required to grant applications for these leaves when made by eligible employees. The Ministry of Employment and Labor, in principle, does not recognize the right of the employer to change the time of such leaves. Therefore, if the employer does not express acceptance without justification and an employee begins the leave anyways, it cannot be judged as absenteeism attributable to the employee.
However, in reality, it is a real burden to 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 name of the employee applying for childcare leave, etc., no later than 30 days prior to the scheduled commencement date of childcare leave. It is safest to report to the Ministry of Employment and Labor on the day the childcare leaves commences.
Maternity leave, on the other hand, shall be given even if the worker does not apply.