An employer wanted to fire an employee but then she informed him that she was pregnant. The employer applied for a dismissal permit from the Ministry of Labor and Welfare, but until the decision was reached, the employee went on an early maternity leave.
The court held that it is not possible to fire an employee who has taken maternity leave. However, if an application is made within a reasonable period of time before the employee leaves for the maternity leave and for reasons that are not dependent on the employer (such as the medical condition of the employee or the employee's independent decision to take maternity leave prior to birth), the maternity leave has begun, Then the Commissioner in the Ministry of Labor may discuss the application on its own merits and grant a dismissal permit as long as the dismissal is unrelated to the pregnancy.