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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

(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.
(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.
(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.

3. Other

(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).
(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.

Separate format

(Front)

Maternity Health Care Guidance Contact Card

__ [month] __, [day] ___ [year]
To the employer:
Name of health care organization: _________________________________
Name of medical doctor, etc. ____________________________ [seal]

As a result of medical examination and health guidance, the person designated in No. 1 below has been found to require the measures referred to in Nos. 2-4 below.

Description

I. Name, Etc.
Name
Number of weeks pregnant __ weeks Expected date of delivery __ [month]__, [day] ___ [year]

II. Guidance (Place a check next to applicable guidance.)
Symptoms Guidance Standard measures
Morning sickness If symptoms are acute
Reduction of working hours
Serious vomiting of pregnancy
Day off (inpatient medical treatment)
Anemia in the pregnant Not less than Hb 9g/dl, but less than 11g/dl.
Restriction of heavy physical work or reduction of working hours
Less than Hb 9g/dl
Day off (outpatient medical treatment)
Intrauterine growth retardation Mild symptoms
Restriction of heavy physical work of reduction or working hours
Severe symptoms
Day off (outpatient or inpatient medical treatment)
Threatened abortion (less than 22 weeks pregnant)
Day off (outpatient or inpatient medical treatment)
Threatened premature labor (no less than 22 weeks pregnant)
Day off (outpatient or inpatient medical treatment)
Preeclampsia Gestational edema Mild symptoms
Restriction of heavy physical work, long-term-standing work, and work that forces the worker to maintain a fixed posture, or reduction of working hours
Severe symptoms
Day off (inpatient medical treatment)
Proteinuria Mild symptoms
Restriction of heavy physical work and work that induces much stress and tension, or reduction of working hours
Severe symptoms
Day off (inpatient medical treatment)
Hypertension Mild symptoms
Restriction of heavy physical work and work that induces much stress and tension, or reduction of working hours
Severe symptoms
Day off (inpatient medical treatment)
Illness suffered since before pregnancy (in cases where pregnancy worsened symptoms) Mild symptoms
Restriction of heavy physical work or reduction of working hours
Severe symptoms
Day off (outpatient or inpatient medical treatment)

(Back)
Symptoms Guidance Standard measures
Illness easily contracted during pregnancy Varicosity If symptoms are acute
Restriction of long-term-standing work, and work that forces the worker to maintain a fixed posture, or lying down for rest
Hemorrhoids If symptoms are acute
Backache If symptoms are acute
Restriction of long-term-standing work, work that places stress on the back, and work that forces the worker maintain a fixed posture

Inflammation of the bladder Mild symptoms
Restriction of heavy physical work, work in which the worker cannot leave her station for prolonged periods, and work in cold locations
Severe symptoms
Day off (inpatient medical treatment)
Multiple pregnancies (____ fetuses)
Depending on necessity, limitation of heavy physical work or reduction of working hours. Especially prudent care is needed in unusual cases and when there are three or more fetuses.
Incomplete postpartum recovery Mild symptoms
Restriction of heady physical work or reduction of working hours
Severe symptoms
Day off (outpatient medical treatment)

Please enter below any special items that require measures other than standard measures.





III. Period for which the measures referred to in Section II above (please check the currently projected period)
One week (from __ [month] __, [day] to __ [month] __, [day])
Two weeks (from __ [month] __, [day] to __ [month] __, [day])
Four weeks (from __ [month] __, [day] to __ [month] __, [day])
Other ( )
IV. Other guidances (please check if measures are necessary)
Mitigation of commuting during pregnancy
Measures concerning breaks during pregnancy

(Note on entering information)
(1) Please check the column entitled "mitigation of commuting during pregnancy" contained in "IV. Other guidance" if, upon considering the congested condition of the woman worker's means of transportation to work and the progress of the pregnancy, measures are necessary.
(2) Please check the column entitled "measures concerning breaks during pregnancy" contained in "IV. Other guidances" if, upon considering the woman worker's working conditions and the progress of the pregnancy, measures concerning breaks during pregnancy are necessary.

Petition for Measures in Order to Comply with Guidance
To the employer:
The undersigned petitions for measures based on the guidance items as set forth above by the Medical Doctor, Etc.
__ [month] __, [day] ___ [year]

Department: ______________________________
Name: _____________________________ [Seal]

In this format, the portion entitled "Maternity Health Care Guidance Contact Card" is to be filled out by the medical doctor, etc., and the portion entitled "Petition for Measures in Order to Comply with Guidance" is to be filled out by the woman worker.


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