Among the types of leave of absence, two can be taken by the hour: annual paid leave (“annual leave”) and short-term leave for caring for sick/injured child or other family members (hereinafter, sick/injured childcare leave, etc.”) This article looks at details of the leave systems by focusing on their differences.
[Treatment in labor-management agreement]
As a basic rule, annual leave can be taken by the day. To allow workers to take leave by the hour, a labor-management agreement is required.
As for sick/injured childcare leave, workers have become able to take a few hours off during work since January 1, 2021. Companies may exclude certain workers from this rule, if it is difficult to allow them to take hourly leave due to the nature of their job duties. In such case, the companies must conclude a labor-management agreement by describing the rule.
[2] Rules on hourly leave
Workers cannot take annual leave by the unit less than an hour. The minimum unit must be one hour or larger. For example, companies may allow employees to take time off by the two-hour unit by describing the rule in a labor-management agreement.
As a basic rule, sick/injured childcare leave, etc. should be taken by the hour. Unlike annual leave, companies cannot use a two-hour unit. Meanwhile, companies may allow workers to take time off less than an hour, for example, by the unit of 15 minutes, since it is considered more favorable to workers than legal requirement.
[3] How to calculate a day off by the hour
In calculating annual leave entitlement, a portion less than an hour should be rounded up. For example, in the case a company adopts 7.5 standard work hours per day, daily work hours should be calculated as 8 hours when granting employees annual leave by the hour.
While the same applies to sick/injured childcare leave, etc., in the case workers are allowed to take time off by minutes, the company does not have to round up a portion less than an hour, as long as it does not cause disadvantages to workers.
[4] Treatment of a time off during the day
Companies cannot designate the hours of annual leave. Workers can take a time off during the day when needed. Meanwhile, sick/injured childcare leave, etc. must be taken continuously from the starting time of work or until the finishing time of work. Legally, workers cannot take such leave in the middle of work hours, although companies may allow workers to do so at their discretion.
As explained, there are various differences between the treatments of annual leave and sick/injured childcare leave, etc., taken by the hour. Since it may be difficult to keep up with small details, please check the rules as needed.
[Reference]
Labour Ministry Portal Site, “What is the hourly annual paid leave system?”
https://work-holiday.mhlw.go.jp/holiday/time-unit.html
Labour Ministry, “Sick/injured childcare leave, etc. can be taken by the hour”
