Question about maternity/childcare leave pay for a mom who is seishain

[solo7100]

Hello all,

1. Wife has baby, stops working for 1 year after the child birth. As per the law, she can get 67% for the first six months, then 50% for the remaining six months.

2. She extends the leave for 4 more months (personal preference). As per the law, she gets no pay, but still can retain her seishain status and get her position back after those 4 months.

Questions based on the above scenario:

1. What will happen about her pension contributions during the extension? Will she have to pay on her own, or does an exemption come in (i.e. she's on extended leave, so they won't require her to contribute)?

2. If she goes back to work after the 4 month extension, gets pregnant again, goes on maternity leave again for 1 year. Will she get the 67% and 50% as before? I assume so, but I've heard said that the mom has to return to work for a year before that benefit can be taken again.

I mean, what if she gets pregnant WITHIN the extension of the year long leave of the first maternity leave (where no salary is coming in), will it go from 0% income, back to 67% income, then to 50% income like the first child?

Sorry if complicated way of asking, but it's a bit complicated in the head.

Thanks!

[kuma]

Some quick responses between childcare duties… though only a few sources quoted for now, and doesn’t entirely answer your numbered questions (not too sure of the 4-month unpaid period you mention), but hopefully covers some useful ground re maternity/childcare leave (much of which you may have already covered yourself, but maybe a couple of useful nuggets in there too)…

* Both my wife and I took childcare leave in 2022
* Recent new law is being implemented in stages - be careful when researching to ensure information is up to date
* Of course seek primary / authoritative source in addition to this thread too
* Maternity leave and childcare leave are different; often both are taken by mothers

Maternity leave will ordinarily be due as follows:
* 42 days (6 weeks) before the due date (or 14 weeks for multiple pregnancies)
* 56 days (8 weeks) after the birth date
* maternity leave allowance of 67% of salary
* exemptions from social insurance, pension, etc
[A company may have more generous maternity leave duration and pay than the above statutory rules]

* Childcare leave is available to eligible parents up to the day before the child’s first birthday

* If both the mother and father take childcare leave, there are circumstances whereby the childcare leave can extend by right until the child is 14 months (パパ・ママ育休プラス/ papa mama iku+;
https://jsite.mhlw.go.jp/akita-roudouky ... 751741.pdf)- lots of nuances, and be sure to confirm any source information is properly up to date

* Childcare leave is extendable (beyond child’s fist birthday, or beyond 14 months if using papa mama iku+) in some circumstances, eg child didn’t get a registered childcare place

* In many cases, a mother’s childcare leave will immediately follow maternity leave

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If a mother takes maternity leave and childcare leave until the child turns 1, she will effectively get:

* Approx 14 weeks of maternity leave (6 weeks before due date till 8 weeks after birth) until baby is approx 2 months old; 67% of salary

* 6 months of childcare leave with 67% of salary (child’s age is approx 2 months - 8 months)

Approx 4 months of childcare leave with 50% of salary (child’s age is approx 8 months - 12 months)

In summary:
* Approx 9.5 months of leave (3.5 mat / 6 childcare) on 67% of salary
* Approx 4 months of leave (childcare) on 50% of salary
* In total, approx 13.5 months of leave on approx 62% of salary (average), starting 6 weeks before the due date and ending the day before the child’s first birthday


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* Exemptions to pension contributions and social insurance contributions can be granted throughout childcare leave. The pension record is credited as if contributions have been made (this is different from exemptions people talk about for Category 1 subscribers on low income, etc.)

* Childcare leave allowance is not subject to income tax.

* Entitlement to annual leave is accrued whilst on childcare leave (Article 39-10 of Labor Standards Act;
https://www.japaneselawtranslation.go.j ... /en#je_ch4). This could be a significant additional benefit on top of the childcare leave allowance and exemptions.

Regarding a 4-month unpaid period after childcare leave, not familiar with that. There are many cases whereby people extend the actual childcare leave beyond 12 months on the grounds that a registered childcare place has not been secured. Indeed, some people apply to nurseries for which they will probably be rejected (eg already full), in order to extend childcare leave. In cases where people want a nursery place, nursery application timelines sometimes dictate people’s return to work plans more than the timeline of the child’s first birthday.

Regarding another birth shortly after a period of childcare leave, it seems fine to take maternity leave and childcare leave for the new child. Maternity leave is statutory. Childcare leave… the ‘continuously employed for 12 months’ condition will be met as the previous period of childcare leave will ‘count’ as an employed period. (My understanding.)

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The chart on p2 gives a decent overview of the support systems in place before and after birth:

https://jsite.mhlw.go.jp/gunma-roudouky ... 768173.pdf

[solo7100]

Kuma, that was awesome. I knew some of those things, but the way you packaged it helps tremendously.

Regarding the 4 month unpaid - it was my understanding that if one extends the childcare leave beyond the 12 months, you can do it…but you won’t get paid 67% or 50%. You get nothing was my understanding.

Also, is the application for extended childcare leave automatically granted, or would someone have to give reasons (i.e. didn’t get into nursery, just wants more family time, cultural considerations, etc) as well? And if so, can the extension application ever be rejected + consequences to said position?

Thanks,

[kuma]

Regarding the 4 month unpaid - it was my understanding that if one extends the childcare leave beyond the 12 months, you can do it…but you won’t get paid 67% or 50%. You get nothing was my understanding.

Also, is the application for extended childcare leave automatically granted, or would someone have to give reasons (i.e. didn’t get into nursery, just wants more family time, cultural considerations, etc) as well? And if so, can the extension application ever be rejected + consequences to said position?

Childcare leave beyond the child’s first birthday (or beyond 14 months if using the 'papa mama iku+' system) is only possible in ‘special circumstances’ as defined by MHLW. My understanding is that such circumstances are:

(1) Application was made for a registered nursery place for the child but was unsuccessful. Evidence of this will need supplying.
(2) The intended caregiver of the child for the period in question died, became ill or otherwise unable to care for the child (eg through divorce), etc. Evidence of this would need supplying.

Explained well here: https://jsite.mhlw.go.jp/ishikawa-roudo ... 19847.html
[Source is a prefectural labour bureau; probably something similar published on the 'national' MHLW site]

Childcare leave could be extended to 18 months in those cases. Another extension could be made until 24 months if ‘special circumstances’ apply beyond 18 months. Another application for extension would be required.

The allowance is 67% for the first 6 months (180 days) of childcare leave and 50% thereafter (which could extend to the day before the child’s second birthday in ‘special circumstances’). A reference period of 6 months prior to the leave is ordinarily considered for the purposes of calculating the allowance; provisions exist to ensure people are not disadvantaged by this treatment (eg time on maternity leave with no salary prior to childcare leave would not ordinarily result in a lower allowance); the detailed rules would take some unpicking. (Also of note, there are minimum and maximum payments for the allowance.)

Anecdotally, it seems that some parents intend to fail in their application for hoikuen places with the goal of extending childcare leave. When I applied for my first child's hoikuen place, I did a double take when the officer asked my wife and I whether we wanted a hoikuen place for our child. It *seemed* that the officer was *suggesting* that some people wanted to a rejection rather than a place and that the officers *might* steer both categories of parents (those wanting places and those wanting rejections) towards applications to nurseries most likely to meet their goals. But I could be misreading things. For the record, we wanted a place, and are delighted with the hoikuen which now takes care of all three of our children.

Officially, while searching for MHLW publications regarding the extension of childcare leave, I found this:

For example, for the purpose of extending childcare leave, applying for admission to a nursery school, etc., even though there is no intention of entering it, and applying for extension of childcare leave on the grounds that the nursery school, etc. was not available

・It cannot be said that it meets the purpose of the childcare leave system based on the Family Care Leave Act, and it does not meet the requirements for extension of childcare leave.

https://www.mhlw.go.jp/content/11909000/000504075.pdf
[machine translated; this content is in the second box on p1]

[solo7100]

Exactly what I wanted to know. I kind of figured one needed a special reason to extend....you've helped me out on that one. It's a challenge because our baby will turn 1 in September and, as we've been told from school visits, it is rare if not impossible to find openings from Sept - Jan or even April of next year since the Japanese school year starts in April. I suppose it's a matter of fingers crossed when applying.

Thanks again!

[kuma]

Congratulations on the baby. (And on childcare leave if your wife is already taking it?)

I think it’s a good move to talk to potential nurseries and the child-rearing department about the realistic possibility of a place.

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The following MHLW Q&A page is great:
https://www.mhlw.go.jp/stf/seisakunitsu ... 58500.html

Q14 provides some info on one of your original queries:

Q14 If I become pregnant with my second child while receiving childcare leave benefits for my first child, how long will I receive the childcare leave benefits for my first child?
Childcare leave for the first child will end on the day before the start date of the maternity leave for the second child (or the date of birth if the maternity leave is not taken). , the payment will be made up to the day before the start date of maternity leave (or the date of birth if maternity leave is not taken). In addition, if the recipient qualifications are met at the start of childcare leave for the second child, it is possible to receive childcare leave benefits for the second child.

(GoogleTranslate)

A few articles found regarding pregnancies in relatively quick succession and the ramifications for maternity leave, childcare leave, benefits, etc:

* https://www.rakuten-insurance.co.jp/med ... /2019/073/
* http://www.iseki-office.jp/column08.html
* https://www.its-kenpo.or.jp/hoken/jimu/ikuji/2nd.html

The first two articles make reference to the criteria for childcare leave benefits, paraphrased below:

there are at least 12 complete months with 11 or more basic wage payment days covered by employment insurance within the two years before the start of childcare leave.
+ possibility to look back over 4 years to determine eligibility in some circumstances, including when childcare/maternity leave was taken during the period in question
+ recent law relaxing (?) the requirements in some cases

(can't say I've digested this, but answers can probably be found from MHLW here: https://www.mhlw.go.jp/content/11600000/000809393.pdf)

The articles also cover what happens if the prenatal period for the second child occurs whilst childcare leave is still scheduled for the first child. There's apparently the possibility for duplication of benefits (childcare leave allowance AND maternity allowance) during the prenatal period; achieved by NOT taking maternity leave during the prenatal period, but then statutory maternity leave occurs from the birth. Rakuten Insurance provides a diagram.

[solo7100]

Good stuff, yes she is on childcare now (7 months in) which is why we are asking these questions now.

Super helpful, especially the Rakuten charts. Will be reading up on them.

Thanks again!