Amendments in Childcare and Caregiver Act will take effect on April 1, 2022. There are three major points to the changes, requiring companies to revise their work rules or rules on childcare and family care leave. This article looks at the amendments’ specific points.
[1] Improving working environment
The scheduled law amendments are aimed to increase the use of childcare leave. Companies are obliged to improve the working environment and make it easier for their employees to take leave. Specifically, employers are required to take at least one of the following measures to help employees apply for childcare leave smoothly.
1. Provide training on childcare leave
2. Establish a structure to provide consultation regarding childcare leave (by setting up a consultation desk, etc.)
3. Gather and disclose information about actual cases of childcare leave in the company
4. Notify of the company policies on childcare leave and the promotion of childcare leave to its employees
While companies may choose which measure to take from above, they are advised to implement as many measures as possible. Please also note that “paternity leave immediately after childbirth” will be introduced on October 1, 2022. After that, measures to encourage the use of paternity leave will also be added to list.
[2] Individual notification and confirmation
If workers notified the company of their or their spouses’ pregnancy or giving birth, the company has to ensure they are individually informed of the following matters and confirm their intention regarding the use of childcare leave. Notification and confirmation can be done in person or by providing a written paper. It may be provided by facsimile or email, if preferred by the worker.
Required items of the notification
1. Explanation about the childcare leave program
2. Person/Division to apply for leave
3. Matters regarding childcare leave benefits under the employment insurance program
4. Treatment of social insurance premiums to be paid by the employee during childcare leave (or paternity leave after October 2022)
*Companies must inform employees all of the four points.
The Health and Labor Ministry has made examples of notification and confirmation, which can be used as templates. Paternity leave will be added to the scope of notification and confirmation from October 1, 2022.
[3] Easing of childcare and family care leave conditions for fixed-term workers
Currently, workers under fixed-term employment have to fulfill the following conditions to take childcare leave:
1. The continued employment period is at least one year;
2. It is not evident that the worker’s contract will expire before the child turns one year and six months of age.
With the amendments on April 1, 2022, the condition of “continued employment period of at least one year” will be abolished for both childcare and family care leave, allowing fixed-term workers who have only served for a short period to take childcare or family care leave.
Meanwhile, under the current Childcare and Caregiver Leave Act, companies may reject applications for childcare or family care leave from non-fixed term employees whose continuous employment period is less than one year by signing a labor-management agreement. (Such workers are virtually unable to take childcare or family care leave.) After the April amendment, fixed-term employees can be included in the scope of the labor-management agreement. This means fixed-term employees who have not yet worked for one year may be excluded from the leave program.
[4] If the work rules stipulate that fixed-term employees must fulfill the condition: “a continuous employment period of at least one year,” to take childcare or family care leave, the company has to revise the work rules in line with the change described in [3]. If company prefers to continue excluding fixed-term workers who have been employed less than one year from childcare and family care programs, they need to sign a labor-management agreement anew. Although the April amendments do not require many changes in childcare and family care rules, it is better to start preparations sooner than later.
The amendments to Childcare and Caregiver Leave Act are scheduled to be implemented in three phases, from April 1, 2022, October 1, 2022, to April 1, 2023. Companies should start action first for the amendments in coming April, be aware of the changes in October and April next year.
Reference
Ministry of Health, Labour and Welfare (Japanese only)
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000130583.html
* The contents are valid as of the creation of this article.
