With the second phase of the amendment to the Childcare and Caregiver Act to be implemented on October 1, 2022, the post-childbirth paternity leave program (“Sango papa ikukyu”) will be officially started. The amendment is aimed to make it easier for fathers to take childcare leave. This article focuses on the program’s key points including the application deadline.
[1] Key points to the post-childbirth paternity leave
The new program allows fathers to take up to four weeks of paternity leave within eight weeks after the birth of a child by applying at least two weeks in advance. The leave period can be split in two portions. By signing a labor-management agreement, the employee can also work during the leave within the limit agreed by the employee and the company in advance.
[2] Deadline of the application
As a basic rule, the application for post-childbirth paternity leave must be submitted at least two weeks prior to the start date of the leave. However, the deadline can be changed to one month prior to the start date, same as the existing childcare leave, by signing a labor-management agreement on the following two points.
- Contents of the measures to improve the employment environment (which must be more favorable to employees than legal requirements)
- Application deadline of the post-childbirth paternity leave (longer than two weeks and up to one month prior to the start date)
Measures to Improve the employment environment must include all of the following 1 to 3. Specific measures must be set based on the company’s situation.
1. At least two measures from the following list must be implemented:
- Employee training regarding childcare leave, etc. (*)
- Collection and disclosure of data regarding employees’ use of childcare leave, etc.
- Establishment of a structure to provide consultation regarding childcare leave, etc. (setting up of a consultation desk)
- Notification on childcare leave, etc. and company policy to promote the use of leave
-Necessary steps to encourage workers to take childcare leave, etc., such as changes in work assignments or employee allocation, etc.
2. The company must set qualitative goals regarding the use of childcare leave, etc. and disclose its policy on the promotion of childcare leave, etc.
3. The company must establish a system to understand employees’ intention regarding the application of childcare leave, etc.
* “Childcare leave, etc.” refers to childcare leave and post-childbirth paternity leave.
Regarding 1, companies had to implement at least one of the items before, but the amendment will require employers to take at least two measures from the list. The qualitative goals described in 2 means numerical targets. In addition to the ratio of employees who took childcare leave, it is possible to use the company’s original childcare leave program. Please ensure that the goals are set to promote male employees’ use of childcare leave. As for 3, companies have been required to confirm employees’ intention regarding childcare leave, but with the amendment, companies have to go one step further and establish a specific system for the purpose.
When an employee takes post-childbirth paternity leave, two weeks may not be enough to hand over the duties. To avoid confusions, companies should consider signing a labor-management agreement described above. It is also important to be aware employees’ situations to understand who are considering childcare leave well in advance.
Reference
About the Childcare and Caregiver Leave Act, Labour Ministry
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000130583.html
The contents are valid as of the creation of this article.
