Expansion of child care leave and family care
leave: The rules for temporary workers to
become eligible for 'child care' leave will be relaxed.
Under the new rules, where workers are employed by the same
employer for a continuous period of at least one year, such workers
will be eligible for child care leave. However, if it is obvious
that their employment contracts will expire before their children
become one and half years old, they cannot take child care
Similarly, for 'family care' leave; under the new rules
where workers are employed by the same employer for a continuous
period of at least one year, such workers will be eligible for
family care leave. However, if it is obvious that their employment
contracts will expire before six months after the date on which 93
days (the maximum days for family care leave) elapse from the
starting date of the contemplated family care leave, they cannot
take family care leave.
In addition, the flexibility of child care leave and family care
leave will be increased, by allowing workers to take (1) family
care leave divided into up to 3 periods; and (2) sick/injured
childcare days-off and family care days-off in half day units.
Further, a system will be introduced under which workers who are
taking care of family members will be allowed to request exemptions
from performing overtime work.
Effective from January 1, 2017.
Action required: Employers should review child care leave
and family care leave policies and make any necessary amendments in
accordance with the new law.
Measures to prevent harassment in child care
situations: Employers must take certain
measures for the prevention of harassment against workers on the
basis of pregnancy and childbirth and for applications for child
care leave and family care leave. Guidelines regarding the specific
measures to be taken by employers will be in force, and such
measures include educating employees, establishing consulting
systems, handling harassment issues promptly and appropriately,
eliminating factors that could cause harassment to occur, and
protecting the privacy of victims and harassers.
Effective from January 1, 2017.
Action required: Employers should understand and adopt the
measures required by the Guidelines.
Amendments to the Labour Standards
Act: Amendments to the Labour Standards Act
have been submitted to the Diet, and are being considered. The
proposed amendments relate to encouragement to take annual paid
vacations and the introduction of a "high-level
professional" system (the Japanese version of the white-collar
Action required: At present, no action is required but keep
abreast of the current legal situation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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