Law amendments to encourage working fathers to use childcare and family care leave have been approved in the Diet. The new rules will be implemented in three stages from April 2022. Following are key points to the amendments.
[1] New childcare leave upon childbirth
To promote male workers’ use of childcare leave, a new system has been established, allowing workers to take childcare leave more flexibly after childbirth. Specifically, workers can take leave up to four weeks within an eight-week period after childbirth. As a rule, the application deadline is two weeks prior to the leave. The period can also be divided in two.
Working during the childcare leave will also be allowed by signing a labor-management agreement. The effective date will be designated by Cabinet Order within one year and six months after the promulgation date, June 9, 2021.
[2] Improvement measures to facilitate the use of childcare leave; individual notification and confirmation
Companies will be required to take measures to provide a corporate environment where workers can easily take childcare leave, such as holding training sessions or setting up a consultation desk. Companies will also be required to inform employees who have reported their or their wives’ pregnancy about childcare leave program and confirm their intention as to the leave. Currently, companies are only required to make such efforts.
The effective date is April 1, 2022.
[3] Division of leave period
Childcare leave period could not be divided in the past, but after the amendment, workers can split childcare leave in two parts. Since the leave described in [1] can be taken separately from regular childcare leave, which can be used until the child turns one, a worker who had a baby can take leave up to four times, two within eight weeks after childbirth, and two as regular childcare leave.
Regular childcare leave can be taken until the child becomes one, and the period can be extended until one year and six months of age if there are unavoidable circumstances, such as the child cannot enter a nursery school. The period can be extended further until the child turns two, if the circumstances did not change. Under the old rules, the extended period could only be started on the day the child turns one or one year and six months of age. With the latest amendment, however, the start date can be decided more flexibly, allowing parents to take turns during leave.
The effective date will be designated by Cabinet Order within one year and six months after the promulgation date, June 9, 2021.
[4] Easing of childcare and family care leave conditions for fixed-term workers
For workers under fixed-term employment to take childcare or family care leave, their continued employment period must be at least one year. With the amendment, this condition will be abolished, making it easier for non-regular workers to use the program. Other conditions, such as “it is not evident that the employee’s contract will expire before the child turns one year and six months of age” for childcare leave, or “it is not evident the employee’s contract will expire within six months of the 93rd day from the scheduled start day of the leave,” for family care leave will be unchanged.
By signing a labor-management agreement, request for childcare leave or family care leave by an employee whose continued employment period is less than one year can be rejected. This rule can also be applied to fixed-term employees.
The effective date is April 1, 2022.
[5] Disclosure of the status of childcare leave
Companies with 1,000 or more employees will be required to disclose the status of their employees’ use of childcare leave. Required contents will likely be “the rate of male employees who took childcare leave” or “the rate of male employees who took childcare leave or leave for childcare-related purposes.”
The effective date is April 1, 2023.
The latest amendments will require companies to revise their work rules (rules on childcare and family care leave). It will also be necessary to consider matters regarding internal training or consultation desk, including running methods or appointment of persons in charge. The government will also revise employment insurance and social insurance rules accordingly. Please keep up with latest information released by government authorities and ensure that company rules are compliant.
Reference (Japanese)
Ministry of Health, Labour and Welfare
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000130583.html
* The contents are valid as of the creation of this article.
