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Laws and Guidelines

Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members, Including Child Care and Family Care Leave

CHAPTER VI. MEASURES THAT EMPLOYERS SHOULD ENDEAVOR TO ADOPT

Measures for Dissemination, Etc. of Provisions Concerning Child Care Leave, Etc.

Article 21. Employers shall, with regard to child care leave and family care leave, endeavor to determine the following items in advance and take measures to make them widely known to workers:

  (1) Matters concerning treatment during child care leave and family care leave;
(2) Matters concerning working conditions after child care leave and family care leave, such as wages and assignments; and
(3) Matters provided for by ordinance of the Ministry of Health, Labour and Welfare in addition to those listed in the preceding two numbered items.
2. When a worker makes an application for child care leave or family care leave, an employer shall, pursuant to ordinance of the Ministry of Health, Labour and Welfare, endeavor to state clearly to said worker what his or her treatment will be relating to the matters listed in the numbered items of the preceding paragraph.

Measures Regarding Employment Management, Etc.

Article 22. In order that application for child care leave and family care leave, as well as work following the taking of child care leave and family care leave, are smoothly performed, employers shall endeavor to take necessary measures with regard to [a] the employment management, such as worker assignments, at the workplace where workers who take child care leave or family care leave are employed and [b] the development and improvement, etc. of the working abilities of workers who are taking child care leave or family care leave.

Measures for Shortening Working Hours, Etc.

Article 23. Pursuant to ordinance of the Ministry of Health, Labour and Welfare, with regard to a worker among those in its employ who takes care of a child under one year of age (one year and six months in the event that said worker makes an application under paragraph 3 of Article 5 and so for the remainder of this paragraph) but who does not take child care leave, an employer shall take measures, such as shortening of working hours based on application from the worker (hereinafter in this paragraph and in paragraph 1 of Article 24 referred to as “Measures for Shortening Working Hours, Etc.”), to facilitate said worker taking care of such child while working, and with regard to a worker among those in its employ who takes care of a child over one year of age and under three years of age, an employer shall take measures in accordance with a system of child care leave or Measures for Shortening Working Hours, Etc.

2. With regard to a worker among those in its employee who takes care of a subject family member in need of care, an employer shall, pursuant to ordinance of the Ministry of Health, Labour and Welfare, take measures, such a shortening of working hours based on application from the worker for a period of 93 consecutive days (if there are one or more days of family care leave, etc. during the period from the day on which said worker was first employed until the day prior to the first day of said consecutive period, a period found by subtracting from 93 days the number of days of said family care leave, etc.; if said worker has taken family care leave for said “in need of care” condition for the subject family member, said consecutive period shall be defined as the period in which the worker did not take family care leave within the consecutive period found by counting from the scheduled starting day of family care leave for the first family care leave that began for the “in need of care” condition for the subject family member) or more, to facilitate said worker taking care of such subject family member in need of care while working.

Measures Regarding Workers Who Take Care of Children Ranging From Three Years of Age to Not Yet Attending Elementary School

Article 24.With regard to a worker among those in its employ who takes care of a child over three years of age but not yet attending elementary school, an employer shall, in accordance with a system of child care leave or Measures for Shortening Working Hours, Etc., endeavor to take necessary measures.

2. With regard to a worker among those in its employ who takes care of a family member, an employer shall, in accordance with a system of family care leave or the measures provided for in paragraph 2 of the preceding article, endeavor to take necessary measures determined with consideration to such matters necessary to such family care as the term and frequency thereof.


Article 25. Delated

Consideration in the Assignment of Workers

Article 26. When an employer seeks to make a change to the assignment of a worker in its employ which involves a change in the said worker's place of work, if such change in the place of work would make it difficult for the said worker to take care of his or her child or family member while working, the employer must give consideration to the said worker's situation with regard to taking care of his or her child or family member.

Special Measures for Re-employment, Etc.

Article 27. With regard to a person who left employment by reason of pregnancy, childbirth, child care, or family care (hereinafter referred to as “former employee who left employment due to child care, etc.”), an employer shall, as necessary, endeavor to implement special measures for re-employment (here and hereinafter in Article 30 and numbered item 1 of paragraph 1 of Article 39, this refers to measures by which, with regard to a person who is a former employee who left employment due to child care, etc. and who, on the occasion of leaving employment, notified the employer of the business whose employment he or she left to the effect that he or she desired to be re-employed when such work became possible, said employer shall give special consideration in the recruitment and hiring of workers) and other corresponding measures.

Guidelines

Article 28. With respect to measures that employers are to take based on the provisions of Articles 21 through 27 and other measures that employers are to take to ensure the coexistence of the working and family life of a worker who takes care of or is going to take care of a child or family member, the Minister of Health, Labour and Welfare shall determine and make public matters to be incorporated into guidelines in order to promote their appropriate and effective implementation.

Work-Family Coexistence Facilitation Officer

Article 29. Pursuant to ordinance of the Ministry of Health, Labour and Welfare, an employer shall endeavor to appoint a person (hereinafter in numbered item 5 of paragraph 1 of Article 39 referred to as “ Work-Family Coexistence Facilitation Officer”) to take charge of duties to ensure the appropriate and effective implementation of the measures provided for in Articles 21 through 27 and other measures that employers are to take to ensure the coexistence of working and family life for workers who take care of or are going to take care of a child or family member.


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