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Guidelines Concerning Measures to be Taken by Employers in Order that
Pregnant and Postpartum Women Workers May Follow Guidance Based on Health
Guidance or Medical Examinations
(Ministry of Labour Notice No. 105 of Sept.
25, 1997)
1. Introduction
These guidelines determine necessary matters to promote
the appropriate and effective implementation of the measures employers
are to take as set forth in Article 27, paragraph 2 of the Law Respecting
the Improvement of the Welfare of Women Workers, Including the Securing
of Equal opportunity and Treatment between Men and Women in Employment.
2. Measures Employers Are to Take with Regard to Maternity Health
Care of Pregnant and Postpartum Women Workers
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(1) |
Mitigation of commuting during pregnancy
In the event that an employer is informed by a pregnant woman worker
it employs to the effect that she has been directed by a medical doctor
or midwife (hereinafter referred to as “Medical Doctor, Etc.”)
to mitigate commuting because the degree of congestion of her means
of transportation to work affects the health maintenance of the mother
or her fetus, the employer shall take necessary measures, such as
the establishment of flexible work times and the reduction of working
hours.
Moreover, even in the absence of concrete instructions from a Medical
Doctor, Etc., if an employer receives a request to mitigate work attendance
from a pregnant woman worker, the employer needs to take appropriate
action, such as contacting the Medical Doctor, Etc. in charge and
requesting the judgment of the Medical Doctor, Etc.
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(2) |
Measures concerning breaks during pregnancy
In the event that an employer is informed by a pregnant woman worker
it employs to the effect that she has been directed by a Medical Doctor,
Etc. to take measures regarding breaks because said woman worker's
work affects the health maintenance of the mother or her fetus, the
employer shall take necessary measures, such as extending break times
and the increasing the number of breaks.
Moreover, even in the absence of concrete instructions from a Medical
Doctor, Etc., if an employer receives a request to take measures regarding
breaks from a pregnant woman worker, the employer needs to take appropriate
action, such as contacting the Medical Doctor, Etc. in charge and
requesting the judgment of the Medical Doctor, Etc.
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(3) |
Measures to handle pregnancy or postpartum
condition, etc.
In the event that an employer is informed by a pregnant or postpartum
woman worker whom it employs to the effect that, based on health guidance
or a medical examination, she has received directions from a Medical
Doctor, Etc. regarding her condition, then, based on said directions,
the employer shall take necessary measures, such as limiting work,
reducing working hours and granting a day off.
Moreover, in the event that the necessary measures based on the directions
of the Medical Doctor, Etc. are unclear, the employer shall take necessary
measures, such as limiting work, reducing working hours and granting
a day off based on contacting the Medical Doctor, Etc. in charge and
requesting the judgment of said Medical Doctor, Etc.
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3. Other
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(1) |
Use of the maternity health care guidance
item contact card
In order for an employer to take appropriate and necessary measures
with regard to the maternity health care of a woman worker it employs
who is pregnant or postpartum, it is important that the contents of
health guidance items concerning said woman worker are competently
conveyed to said employer, and that the contents of measures the employers
is to take are made clear.
For this purpose, employers shall endeavor to use maternity health
care guidance item contact cards (separate format).
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(2) |
Protection of privacy
Because information with respect to the health condition of an individual
woman worker who is pregnant or postpartum is a matter of personal
privacy, employers need to give special consideration to the protection
of such information. |
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