Can employer dismiss during maternity leave?

What the Law Says

Japanese labor law strictly protects pregnant workers and those on maternity leave from dismissal. The protections apply automatically by operation of law and do not require notice or justification.

Under the Labor Standards Act, it is illegal for an employer to dismiss a female employee during the period beginning 6 weeks (or 14 weeks for multiple pregnancies) before her expected childbirth date and ending 8 weeks after childbirth.

This prohibition applies regardless of the reason for dismissal — even if the employer claims poor performance, restructuring, or misconduct. Any dismissal issued during this period is void and has no legal effect.

If an employer violates this rule, they face criminal penalties: a fine of up to 300,000 yen. The employee may also claim reinstatement or damages through labor arbitration or court.

Statutory Text

An employer shall not dismiss a woman who is absent from work because she is pregnant or has given birth, during the period beginning 6 weeks (or 14 weeks in case of multiple pregnancy) before the expected date of childbirth and ending 8 weeks after childbirth.

— Labor Standards Act, s. 65(1) — Prohibition of dismissal during maternity leave

Statutory Text

Any dismissal in violation of the preceding paragraph shall be invalid.

— Labor Standards Act, s. 65(2) — Invalidity of dismissal

Statutory Text

An employer who violates paragraph (1) shall be punished by a fine not exceeding 300,000 yen.

— Labor Standards Act, s. 120(1)(i) — Penalty

What to Do

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