Child-Care and Family-Care Leave Law - Japan

Child Care Leave
Family Care Leave
Night Work
Overtime

This law provides child care and family leave care for both male and female workers, and includes protective measures for night work. The basic purpose and objective of the law is to improve the welfare of workers who take care of children and other family members to enable them to achieve a full working life, and to promote continuous employment and re-employment by contributing to the balance between vocational and family life. The law states that employers and government are to endeavour to improve the welfare of workers to meet this objective (see articles 1, 3 and 4.). There are no criminal sanctions for enforcement.

Child Care Leave

Child care leave is available on request to take care of their children who are less than one year old. It is not available to a day labourer or a person employed for a fixed term and in some cases where there is a collective agreement. Child care leave can be for any set duration, but in any case will terminate should the child die or reach the age of one year. An employer may not dismiss a worker for child care leave (see articles 2-1 and 5 to10.). There is no provision for wages during child care leave, but some payments may be made under the Employment Insurance Law.

Family Care Leave

The Law provides a right to take family care leave to care for a family member requiring constant care for two weeks or more due to injury, sickness or physical or mental disability. The term "subject family member" is the spouse (including a person in a relationship that is factually similar to marriage though no marriage has been registered), parents, child, parents of the worker’s spouse. It also includes the worker’s grandparents, siblings and grandchildren, who co-reside with and are dependant on the worker. The period of leave can not exceed three months and, in general, can only be taken once for each family member. In some cases where there is a collective agreement, the employer may refuse family care leave (see articles 2 - 2, 2-4, 2-5 and 11 to 15. See also the Child Care and Family Care Leave Ordinance, articles 1, 2 and 23.).

Night Work

Article 16-2 and 16-3 of the Law allows a worker who has a child who has not commenced elementary school, or a family member in need of care, to request exemption from night work (defined as between 10:00 pm and 5:00 am) for the purpose of caring for the child or family member. However, these provisions do not apply if the night work exemption interferes with the normal operation of the business or in the case of a worker whose continuous term of employment is less than one year, who has a family member who ordinarily cares for the child or family member or to other workers designated by Labour Ordinance.

Requests for night work exemption must be for at least one month but for no longer than six. There is no limit on the number of times exemption from night work can be requested.

Overtime

Women workers who take care of a child who has not commenced elementary school, or a family member in need of care, may request employers to limit overtime to 150 hours per year. This temporary measure lasts until March 2002.

Under the Law employers are to endeavour to establish details in advance and inform workers in relation to child and family care leave, and matters relating to wages and other working conditions upon return to work after the leave. They must take measures such as shortening working hours of workers who do not take child or family care leave to facilitate the care of family members. In relation to workers returning from retirement as a result of pregnancy, birth, child or family care, the workers’ former employers should also endeavour to give special consideration to applications for re-employment (see articles 17 to 22.). Chapter V of the Law contains provisions to promote continuous employment and re-employment or workers who take care of children or other family members. This includes Government advice and subsidies to employers and guidance and training for the employees. There are a large number of subsidies in this regard.  Local public authorities should endeavour to establish family support facilities to provide guidance and training to workers, as well as recreational activities.