Protecting Yourself from Maternity Harassment - Legal Rights and Coping Strategies
What Is Maternity Harassment - Definition and Reality
Maternity harassment is the general term for disadvantageous treatment or harassment received in the workplace in connection with pregnancy, childbirth, or childcare. In the survey on workplace harassment conducted by the Ministry of Health, Labour and Welfare in fiscal 2020, approximately 26 percent of female workers who had been pregnant or given birth reported having experienced this kind of harassment during the previous five years. For anyone trying to have a child while continuing to work, this is by no means a distant story.
Maternity harassment falls into two broad categories. The "harassment over the use of systems" type involves obstructing the taking of maternity or childcare leave, or imposing disadvantageous treatment because leave was requested. The "harassment over condition" type involves harassment or disadvantageous treatment based on the fact of being pregnant itself. Concrete examples include pressure to resign such as "if you are pregnant, why not quit," being demoted after applying for maternity leave, being removed from an important project after reporting a pregnancy, and emotional harassment such as "taking days off for morning sickness is soft."
Know the Rights the Law Guarantees
Equal Employment Opportunity Act
Article 9 of the Equal Employment Opportunity Act clearly prohibits disadvantageous treatment on the grounds of pregnancy or childbirth. Specifically, dismissal, demotion, pay cuts, disadvantageous transfers, refusal to renew a contract, and forced resignation are all prohibited. Dismissal during pregnancy or within one year after childbirth is void unless the employer proves that pregnancy or childbirth was not the reason.
Child Care and Family Care Leave Act
The Child Care and Family Care Leave Act prohibits disadvantageous treatment on the grounds of taking childcare leave. As a rule, childcare leave can be taken until the child turns one, and it can be extended up to age two if the child cannot be enrolled in a nursery. Under the amendment that took effect in October 2022, "postnatal paternity leave" (childcare leave at the time of birth) was created, allowing men to take up to four weeks of leave within eight weeks after the birth.
Maternity Leave Before and After Childbirth (Labor Standards Act)
Article 65 of the Labor Standards Act guarantees six weeks of leave before childbirth (14 weeks in the case of a multiple pregnancy) and eight weeks after childbirth. Leave before childbirth requires a request from the worker herself, but as a rule work is prohibited for the eight weeks after childbirth (work is possible once six weeks have passed if the worker wishes it and a doctor approves). Dismissal during this period is prohibited by Article 19 of the Labor Standards Act.
Concrete Ways to Respond to Maternity Harassment
Secure Evidence
The single most important thing when responding to maternity harassment is securing evidence. So that the matter does not turn into an argument over who said what, keep records in the following ways. Note the date and time, place, speaker, content of the remark, and who else was present. Save screenshots of harassment sent by email or chat. If possible, record conversations (recording a conversation you are a party to is legal in most cases). Ask to receive notices of changes to performance evaluations or transfers in writing.
Use the Internal Help Desk
Under the 2017 amendment to the law, employers have a duty to take measures to prevent maternity harassment. Your company should have a help desk in place, so start by consulting it. Keep a record of the fact that you consulted them and of the answer you received.
Make Use of External Consultation Services
If the matter is not resolved internally, or if the internal help desk itself is not functioning, take it to an outside body. The Employment Environment and Equal Employment Department (or Office) of your prefectural labour bureau offers free consultations and has the authority to advise, instruct, and issue recommendations to employers. The Labour Standards Inspection Office handles violations of the Labor Standards Act, such as refusal of maternity leave. For a lawyer, you can receive a free legal consultation through Houterasu, the Japan Legal Support Center (0570-078374). Knowing how to handle workplace harassment in general builds the foundation for protecting yourself, not only against maternity harassment.
Your Rights About Working While Pregnant
Pregnant workers are guaranteed the following rights by law. Time secured for prenatal checkups (Article 12 of the Equal Employment Opportunity Act). Shortened working hours, restrictions on duties, and leave based on a doctor's instructions (Article 13 of the same act). Limits on overtime work, work on days off, and night work (Article 66 of the Labor Standards Act). The right to request a transfer to lighter duties (Article 65, paragraph 3 of the same act).
Exercising these rights is not selfishness. They are legitimate rights recognized by law, and disadvantageous treatment because you exercised them is illegal.
What to Watch For After Returning to Work
Maternity harassment can also happen when you return from childcare leave. Cases where you are placed in a lower position or on lower pay than before may violate the Child Care and Family Care Leave Act. Before you return, confirm in writing the position, rank, and salary you will have after returning. In a return-to-work interview, it is important to leave the terms in an email or a document rather than relying on a verbal promise alone.
You can also make use of systems such as shortened working hours (for workers raising a child under three), limits on work outside prescribed hours, and limits on overtime work. In particular, the limit on work outside prescribed hours, which lets you be exempted from overtime, was extended by the amendment to the Child Care and Family Care Leave Act that took effect in April 2025 to cover workers raising children up to the age at which they enter elementary school. The same amendment also raised the age of children covered by leave for nursing a child, so it is reassuring to check your company's rules before returning to see which systems you can use. Furthermore, for children from age three until they enter elementary school, the part of the same amendment that took effect in October 2025 introduced a framework of measures for achieving flexible working, under which you can use options that the company has selected in advance from among changes to starting times, telework, shortened hours, and additional leave. Disadvantageous treatment because you used any of these systems is likewise prohibited.
It is also not unusual to end up on the "mommy track" after returning, a state in which you are kept away from promotions and important work. Being assigned nothing but simple tasks that do not match your ability, merely because you chose shortened hours, is unjust. Share your career plan with your manager and negotiate so that you can take on work that uses your skills even while on shortened hours. When you feel torn between work and family, knowing the systems available is your greatest weapon, and that knowledge empowers you to advocate effectively.
Prepare Together With Your Partner
Responding to maternity harassment requires not only your own effort but your partner's understanding and cooperation. As soon as you know you are pregnant, share the following points with your partner. The schedule for maternity leave and childcare leave. The effect on household finances, with an estimate of the maternity allowance and childcare leave benefits. The plan for dividing housework and childcare after you return to work. The approach you will take if maternity harassment does occur.
The maternity allowance pays two-thirds of the standard daily remuneration, and childcare leave benefits pay 67 percent of wages for the first 180 days of leave and 50 percent thereafter (as of August 2026). In addition, there is a framework that adds to the benefits when both parents take childcare leave for a certain period, so when you estimate your expected take-home income it is reassuring to check the latest requirements at the same time. Grasping these systems in advance helps reduce financial anxiety.
Summary - Knowledge Is Your Strongest Shield
The strongest weapon for protecting yourself from maternity harassment is knowledge. Know what rights you have, secure your evidence, and connect with the right consultation service. With these three steps in hand, you can respond firmly to unfair treatment. Pregnancy and childbirth are life events that deserve to be celebrated, and suffering a disadvantage because of them is clearly prohibited by law.