ASOURCE Times

Definition of mata (pata) nity harassment

Mata (pata) harassment, which is the abbreviation for Mata (pata) nity harassment, is defined by the Ministry of Health, Labor and Welfare as "harassment related to pregnancy, childbirth, childcare leave, etc. in the workplace." The working environment of "female workers" who have become pregnant or have given birth, or "male and female workers" who have applied for and obtained childcare leave, etc., are harmed by their speech and behavior (words and actions related to pregnancy and childbirth, use of childcare leave, etc.) ] is treated as synonymous. (Reference: Ministry of Health, Labor and Welfare website about measures against mata (pata) harassment in the workplace)
As can be seen from this definition, the working environment is harmed by the female worker's pregnancy, childbirth, or other behavior related to pregnancy or childbirth (hereinafter referred to as "conditional harassment type"), and labor standards Actions related to the use of so-called maternity leave, which has long been stipulated in the law, so-called childcare leave, which is stipulated in the Child Care Leave Act, and other related systems and measures that harm the working environment There are two types of "harassment type".)
Since "harassment of the state" targets the state of pregnancy and childbirth, it basically applies only to women. However, "harassment of use" is covered because men are also allowed to take childcare leave. In addition, since October this year, the scope of this has been expanded to include postnatal childcare leave (so-called postnatal papa childcare leave) for up to four weeks within eight weeks after the child's birth. (For details, see the table and the Ikumen Project website of the Ministry of Health, Labor and Welfare)
Furthermore, in order to ensure the effectiveness of the system, from April this year, employers will inform workers who have applied for pregnancy or childbirth of their own or their spouses about the following matters regarding the childcare leave system, etc. Employees are required to confirm their intention to take leave on an individual basis. Starting next April, companies with more than 1,000 employees will be required to disclose their childcare leave status once a year.

Points for business owners to pay attention to

From the point of view of harassment, it is said that workers who were unaware of the revision of the law and applied for pregnancy, childbirth, etc. of their own or their spouses were not informed about the system and did not confirm their intentions, or prevented them from using the system. It can become It is important to correctly understand the revised law, disseminate it in the workplace, and respond to it.
On the other hand, if the number of leave systems increases and the number of employees and the amount of work do not change, the burden will go to those who are not eligible for leave. Certainly, in an era when such a system does not exist, if people who have struggled to raise children or who have had no choice but to choose not to have children are forced to bear the burden unilaterally, I feel a sense of unfairness. is understandable. In fact, we are also asked about reverse matahara.
Therefore, the Ministry of Health, Labor and Welfare's guidelines and their explanatory materials require employers to take measures to eliminate the causes and background factors of mata (pata) harassment. Specifically, ``Because the work burden of the surrounding workers may increase, consideration should be given to the work burden of the surrounding workers,'' and ``Even on the side of pregnant workers, etc. It is necessary to have knowledge that it is possible to use it, and to have an awareness of performing work appropriately according to one's own physical condition, etc., while maintaining smooth communication with those around them." In the medical field, there is a shortage of human resources and it is not always easy, but the business owner should prepare the system by themselves, educate the users of the system and the workers around them, and improve the working environment with the cooperation of the three parties. It is important to continue
In addition, the guidelines of the Ministry of Health, Labor and Welfare stipulate that penalties for harassers should be written in the form of disciplinary action, etc. in the rules of employment, etc. place is common. Therefore, if it is recognized as harassment, it may be subject to disciplinary action. In the future, various system revisions may be made, so it is important to have a correct understanding, including updates, so that a lack of understanding of the system will not lead to harassment.

　

[Author introduction]

Lawyer and Physician Atsumi Sakai Law Office
MEDIUS Outside Director, Holdings Corporation
Junko Echigo

It is necessary to know the law in order to provide safe and quality medical care

Dr. Junko Echigo, who is a dual-licensed doctor and lawyer, worked at Kanazawa University Hospital as the first in-house lawyer at a national university hospital, and then belonged to the Medical Safety Department of Toranomon Hospital, where she has dealt with a wide range of matters related to governance and labor, in addition to medical troubles and safety management. In January 2022, I transferred to a law firm, and now as a lawyer, I contribute to improving the quality and safety of the medical and nursing care fields from a legal perspective while making use of my experience and knowledge in the medical field.
"When I decided to go to law school in the early 2000s, the judiciary was becoming heavily involved in the medical field as medical accidents became a social problem, and litigation was increasing. While feeling vaguely anxious, I decided to study law because the judicial system reform was going to establish a new law school. I thought that the anxiety caused by ignorance could only be eliminated by acquiring the correct knowledge, and my anxiety disappeared when I actually studied law," recalls Professor Echigo.
Many doctors, nurses, and other medical staff engaged in clinical practice tend to think that knowledge of the law should be acquired by administrators and not by themselves. However, Dr. Echigo points out that the law is one of the essential knowledge that medical professionals in any position should know. Japan In order to provide safe and high-quality medical care, it is essential to recognize the borderline of what kind of medical Mr./Ms. can be done to patients, that is, to know the laws and rules that govern medical practice. There are a lot of things in clinical practice that we can be warned about or avoided just by knowing that."
In addition, it is important for managers to correctly understand the obligations of business operators required by laws and regulations in order to operate medical institutions and manage labor.
In this Serialization, based on the insights and experiences that Dr. Echigo has gained during his more than 10 years of working as an in-house lawyer, we will provide useful information for medical professionals and administrators, focusing on legal issues that anyone can fall into, Mr./Ms. them. "I don't think it's easy to find time to regularly update information other than medical expertise in our busy lives, so I would be happy if you could use it as one of the channels to easily acquire legal knowledge," says Dr. Echigo. Stay tuned for the new Serialization.