Refusing maternity leave because of less than 12 month contract? Is this even legal?

Hello Japanlife Reddit,

My wife was transferred to Japan by her company. The option they used was to use one of those intermediate Japanese companies that act as ‘employer of record’ and hire her in Japan with a new contract.

Now, a few months ago we found out that we are expecting a baby and we are now trying to sort out maternity leave etc. HR at the employer of record company forwards her this rule about being eligible for maternity leave only if you’ve been employed for more than 12 months.

A) Leaving aside the absurdity that she’s worked at the actual company (in Europe) way more than 12 months, and it is only the ‘employer of record’ contract in Japan that has been active only for 6 months

B) Is it even legal to deny maternity leave? So what happens to women that get pregnant less than 12 months into their contract? Are they fired or expected to give birth on their desk?

I have read conflicting information on this topic before, so I was hoping to clarify it. It certainly is not making sense to us. Many thanks!

by opalakia

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