The Day a Parent Protecting Their Child's Life Stopped Being a 'Nice Person': A Practical and Legal Bible for Winning Against Unfair Dismissal Solicitation

Column: To the 'Fighting Parents' Who Are the Target of This Article

The illness I am facing is my child's 'germ cell tumor' (intracranial germ cell tumor), but the laws and systems introduced in this article are by no means special tricks applicable only to one specific disease.

There are currently nearly 800 diseases designated by the government as 'Intractable Pediatric Chronic Diseases.' If your child falls into any of the following disease groups and requires long-term treatment or nursing care, you can use the legal rights and support systems (medical expense subsidies and various allowances) written in this article in the same way.

[Examples of Major Applicable Disease Groups]

• Malignant Tumor Group: Brain tumors, neuroblastoma, hepatoblastoma, Wilms tumor, etc.

• Blood and Immune Disease Group: Leukemia (chronic myeloid leukemia, etc.), hemophilia, etc.

• Neurological and Muscular Disease Group: Muscular dystrophy, spinal muscular atrophy, etc.

• Cardiovascular Disease Group: Kawasaki disease coronary artery aneurysm, etc.

• Others: Endocrine diseases, renal/urological diseases, respiratory diseases, digestive diseases, etc.

All of these are eligible for support through common procedures in your local municipality as long as you have a 'medical certificate' from a doctor. Please do not give up thinking, 'My child's illness is different.' Even if the disease name is different, the 'legal rights' of parents who have no choice but to take time off work to protect their child's life are the same for everyone.

Chapter 1: Suddenly, from Victim to 'Target'

You must have apologized many times out of guilt for burdening your workplace with a sudden leave of absence.
You must be sincerely grateful to the staff on the front lines.

However, an employment relationship is merely a 'contract of labor and compensation'.
Gratitude toward the workplace and management's practical business decisions are completely separate issues.
When a manager brings 'personal feelings' into the mix to force a resignation, you have changed from a victim to a 'target' that the company can conveniently discard.

The first thing you should do when you become a target is not to talk back or apologize.It is to collect only 'objective facts'.

[Iron Rule] LINE and emails are the strongest evidence. Never delete them; save them.

If you are receiving messages from the company encouraging 'voluntary resignation' or heartless words that deny your personality, never talk back emotionally or delete the history out of desperation. That will later become a 'treasure trove (decisive evidence)' for proving 'unfair forced resignation' and winning the rights for yourself and your child.

• The main weapon is the 'screenshot' Because the date, time, other party, and context are visually clear at a glance, it is intuitively effective evidence. There are many cases where it has been accepted on its own in actual labor tribunals. Please save multiple full-screen screenshots (including date/time, profile, and continuous conversation). It is also most effective when explaining the situation to a hospital MSW or the Labor Standards Inspection Office.

• As an auxiliary weapon, 'PDF (text output)' A PDF created using the LINE chat history export function covers the entire history and is excellent for preventing tampering. The history of 'message unsent' itself is evidence of unnatural pressure. However, since there is a risk of being suspected of 'editing it yourself,' use it as auxiliary evidence to reinforce the screenshots.

• Wait for the 'other party's self-destruction' by leaving them on read Do not react to the other party's unreasonable words; just keep stocking them up. The state where you remain silent and the other party continues to speak unilaterally is the state where the 'maliciousness of the harassment' stands out the most when viewed by a third party.

*Risk management when posting/consulting

When sharing your experience on social media or consulting with external organizations, I strongly recommend hiding company names, individual names, identifiable region names, and images of actual exchanges.
Our goal is not to cause the other party to be flamed on the internet, but to 'protect your child's medical expenses and livelihood using the shield of law and systems'.
Without giving the other party even a millimeter of room to make a fuss about 'defamation,' let's calmly collect only the practical benefits.

Chapter 2: Decoding the 'Hidden Intentions' of Management and Labor and Social Security Attorneys

Why is it possible to throw cold, cruel words at a parent facing a crisis in their child's life?
Before you get hurt, you need to know the other party's 'hidden intentions'.

Many business owners, under pressure to protect their company, possess a cold-bloodedness that sometimes leads them to discard people as 'costs'.

Especially for employees whose leave is prolonged, figures such as 'social insurance premium burdens' and 'staffing calculations' take precedence, and in many cases, the circuit for imagining others' pain (empathy) is missing.

Furthermore, you must be careful of the 'one-year wall'.

When the enrollment period for employment insurance exceeds one year or the leave period is extended, the worker's rights become more robust.
Therefore, the company tries to make it look like the worker resigned of their own volition before that one year passes.

However, there is no need to fear.
The labor and social security attorney (sharoushi) on the company's side is by no means your 'enemy'.

They are professionals who operate based on law and numbers.

If they know you hold 'evidence' of verbal abuse or similar actions, they will act as a stopper to stop a runaway business owner in order to avoid what they fear most: 'reports to the Labor Standards Inspection Office' and 'illegal trouble'.

Chapter 3: Arming Yourself with 'Legal Rights' Rather Than 'Human Feelings'

'I'm sorry for taking such a long leave'
'I'm grateful for everything you've done for me up until now'

Stamping a voluntary resignation form based on such kind 'human feelings' is the same as throwing away your child's medical expenses and future living costs yourself.

Against unreasonable solicitation of resignation, arm yourself with an absolute shield called 'legal rights' rather than emotions.
We workers are powerfully protected by the following laws.

Prohibition of Forced Resignation and Refusal of Leave (Child Care and Family Care Leave Act)

'Child nursing leave (5-10 days per year)' and 'Family care leave (up to 93 days)' cannot, in principle, be refused by the company if requested by the worker. Even if it is for accompanying a child during a long-term hospitalization, forcing a resignation for this reason is a clear illegal act.

Prohibition of Abuse of Dismissal Rights (Article 16 of the Labor Contract Act)

The logic of 'You're fired because you're taking time off to nurse your child' does not hold up. Dismissal based on a child's illness is considered to lack 'objective rationality and social appropriateness' and is legally invalid.

'I am not considering voluntary resignation. I am applying to use the official system for nursing my child.'
You only need to convey this one sentence firmly in writing.

If the pressure continues, do not carry it alone; rely on outside help.
Hospitals have strong allies called MSWs (Medical Social Workers).

They can provide advice on creating medical certificates to continue employment and on coordinating with the company.
You have done nothing wrong.
Assert your legitimate rights and protect your child to the end.

Chapter 4: A 'Full Course' of Systems You Should Use Up Before Resigning

There is a clear reason why companies persistently pressure employees to 'voluntarily resign' before they have reached one year of employment.

Basic allowance (unemployment benefits) from employment insurance begins after a 7-day waiting period if it is a company-initiated termination, but if you are coerced into a 'voluntary resignation,' a 2 to 3-month benefit restriction will be imposed.
It is suspected that the company's intention is to make you quit before you reach one year of leave to avoid their burdens and responsibilities.

However, solicitation of resignation is strictly 'voluntary,' and you can clearly refuse it.
Before agreeing to resign, please fully utilize the following systems to secure 'funds for your child.'

The Absolute Rights of 'Child Nursing Leave' and 'Caregiver Leave'

Leave or time off for the purpose of nursing a hospitalized child is a powerful right that can be used regardless of the duration of your employment insurance enrollment. You can also utilize the private injury/illness leave stipulated in the work regulations. Pressuring you to 'quit because you've been here a year' is illegal.

Aiming for 'Special Exceptions' for Benefits (If enrolled for less than 1 year)

Normally, caregiver leave benefits require 12 months or more of enrollment, but if there are 'personal illness or other circumstances' such as a child's long-term hospitalization, there is a relaxation measure that allows for receipt even with '6 months or more of enrollment' upon individual review by Hello Work.

Switching to 'Qualified Recipient for Specific Reasons'

Even if you choose to resign, you must never let it be processed as a 'voluntary resignation.' If the resignation is for a 'justifiable reason' such as nursing a seriously ill family member (Qualified Recipient for Specific Reasons), you can avoid benefit restrictions and receive unemployment insurance immediately.

Chapter 5: 'Immediate Action Plan' to Start Today

If you are currently receiving unreasonable pressure from your company to resign, you do not have time to be hurt and sad.
Take action to secure your 'practical interests' through the following three steps.

1. Clearly refuse in 'writing' (Written Notification)

Never let yourself be swept along by the other party's pace and stamp your seal on the spot. Tell HR or management in a form that leaves a record, such as email or LINE, 'I am not considering voluntary resignation. I wish to take leave for my child's hospitalization and nursing.'

2. Use the ultimate evidence, a 'Medical Certificate,' as your weapon (Most Important!)

The strongest counter-argument against forced resignation is a doctor's 'medical certificate'.
Consult with a hospital MSW and have them create a medical certificate that clearly states phrases like 'constant nursing required' and 'continuous for X months'.
Attach this to your application for private injury/illness leave under the work regulations and submit it as 'intent to return to work, wish to continue leave.' If the company refuses to accept it, saying things like 'it's unnecessary if you aren't receiving benefits,' that becomes a **fatal mistake by the company (evidence of unfair treatment)**.

3. Use experts and public institutions as your 'shield'

If you have a medical certificate, the legitimacy of your leave is objectively proven, which increases the likelihood that employment insurance benefit procedures will proceed smoothly. If they still force you to resign, report them to the Labor Standards Inspection Office without hesitation. With this much evidence gathered, it is impossible for the company to legally fire you.

Chapter 6: The Reality 'After' Refusing Solicitation of Resignation

'If I refuse the solicitation of resignation, won't I face even worse treatment?'
There is no need to be afraid of that.
If you declare that you 'will not quit' and continue your leave, your employment is legally maintained.
After you present the written refusal, the actions the company can take are effectively limited to the following patterns.

Continuation of the leave period (Your victory)

The company will be forced to apply the 'Private Injury/Illness and Nursing Care Leave Regulations' of the employment rules. During this period, you can focus on nursing your child while receiving injury and sickness benefits.

Claiming automatic resignation due to 'expiration of leave period' (can be invalidated)

In the case of leave for nursing a child, protection under the Child Care and Family Care Leave Act takes precedence, so you can argue that the company's claim is invalid.

Notice of dismissal (the company's complete self-destruction)

Dismissal during nursing leave is prohibited, and it is an immediate failure as an unfair dismissal in violation of Article 16 of the Labor Contract Act.

Please request support from the hospital's MSW and firmly tell the company that you will 'stick to your leave'.
That choice of yours will surely protect the time you spend by your child's side and your benefits.

Chapter 7: The 'Final Line of Defense' to Absolutely Protect Your Child Even If Benefits from the Company Are Zero

Even if, by some chance, you find yourself in a situation where you cannot receive benefits from employment insurance, please never despair. Even without relying on the company, it is entirely possible to maintain your living foundation by making full use of support from the government, local municipalities, and NPOs.

1. Make full use of hospital and community 'family support'

It would be counterproductive if the parent providing care were to collapse.

• Municipal support programs: You can receive systems specialized in reducing the burden on families of hospitalized patients (respite care and living support expenses) and accommodation subsidies for accompanying family members.

• Accommodation support facilities: There are facilities near hospitals where families can stay for free and receive living assistance funds (e.g., Child Chemo House in Kobe, etc.).

2. Direct financial support to avoid 'zero income'

There are also safety nets in place if your salary is cut off.

• Life Welfare Fund Loan System: This provides interest-free loans to families struggling financially due to leave or medical expenses. Please present your medical certificate at the Social Welfare Council office and consult with them.

• NPO aid grants: There are organizations, such as the Children with Cancer Support Association, that provide monthly aid of several tens of thousands of yen for medical and living expenses.

• Medical expense subsidies for single-parent families, etc.: If you qualify, there are cases where full medical expense subsidies are expanded compared to ordinary households.

If you feel crushed by the anxiety of resignation, ask the hospital's MSW to 'arrange a full set of hospitalization family support allowances,' and then head straight to the public health center and the Social Welfare Council.
If the company won't protect you, you should protect yourself by using social systems.

Conclusion: You are not alone

There may be nights when you feel like you have no allies at work.
There will be days when you are thrown unreasonable words and shed tears while looking at your child's sleeping face.

However, knowledge and the law will never betray you.

Even if you are berated as being 'out of touch with common sense,' you cannot protect what is precious unless you fight. Asserting your rights and securing practical benefits is a 'noble duty' for a parent to protect their child's life and future.

Stop being the 'compliant person' and let's fight wisely. I sincerely pray that this record will become a 'shield' for someone currently trembling in a hospital room somewhere.