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Guidelines Concerning Measures That Should Be Taken by Employers (Ministry
of Labour Notice No. 108 of Sept. 29, 1995) Amended by Ministry of Labour
Notices No. 104 of Sept. 25, 1997 and No. 22 of March 13, 1998
Child care leave and family care leave are systems to
promote the continuous employment of workers who take care of a child
or other family member. To ensure that these systems become established
in Japanese society, it is necessary not only to provide legal guarantees
but also to take various steps to secure their effectiveness.
Further, to those workers who wish to continue exercising
their abilities in the workplace while taking care of a child or other
family member, measures to facilitate taking care of a child or other
family member while working are of equal importance to child care leave
and family care leave, since such measures make available options that
are suited to their needs.
In recognition of this necessity and this importance,
the Law Concerning the Welfare of Workers Who Take Care of Children or
Other Family Members Including Child Care and Family Care Leave (hereinafter
referred to as the “Law”) prescribes measures that employers
shall endeavor to adopt in order that workers who take care of a child
less than one year old may effectively exercise their right to take child
care leave, measures that employers shall adopt to facilitate such workers'
taking care of a child while working, and measures that employers shall
endeavor to adopt with regard to workers who take care of a child over
one year of age but not yet attending elementary school. Further, the
Law prescribes measures that employers shall endeavor to adopt in order
that workers who take care of a subject family member as defined in Article
2, numbered item 4 of the Law (hereinafter referred to as “Subject
Family Member”) who is in need of care, as defined in numbered item
3 of the same article (hereinafter referred to as “in Need of Care”),
may effectively exercise their right to take family care leave, measures
that employers shall adopt to facilitate such workers' taking care of
a Subject Family Member in Need of Care while working, and measures that
employers shall endeavor to adopt with regard to workers who take care
of a family member. In order to promote the appropriate and effective
implementation of these measures, the Ministry of Health, Labour and Welfare
or a director of a prefectural Women's and Young Workers' Office delegated
by the Minister provide necessary advice, guidance, or recommendations
to employers.
Based on the above principles, these guidelines determine
important matters by employers in adopting the respective measures.
1. Matters in the Determination and Dissemination
of Items Concerning Child Care Leave and Family Care Leave Provided for
in Article 17, Paragraph 1 of the Law
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(1) |
It is important that the matters referred to in the numbered items
of Article 17, paragraph 1 of the Law be determined in such a way
that a worker is not treated disadvantageously by reason of having
exercised the right of child care leave or family care leave based
on the Law. |
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(2) |
It is important to give consideration to the desirability of not
only determining broad principles or essential points in the work
regulations, but establishing detailed regulations for delegation
of authority and, based thereon, determining and disseminating a set
of regulations concerning treatment during child care leave and family
care leave, working conditions after child care leave and family care
leave (such as wages and assignments), and other necessary matters. |
2. Matters in the Clear Statement of Treatment to
a Worker Who Has Applied for Child Care Leave or Family Care Leave As
Provided for in Article 17, Paragraph 2 of the Law
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It is important that said treatment shall not be disadvantageous
to said worker by reason of said worker having exercised the right
of child care leave or family care leave based on the Law. |
3.Matters in Taking the Necessary Measures Provided for
in Article 18 of the Law with Regard to Employment Management, Such as
Worker Assignments, at the Workplace Where Workers Who Take Child Care
Leave or Family Care Leave Are Employed
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(1) |
It is important to give consideration so that, as a general rule,
most workers who take child care leave or family care leave are reinstated
thereafter to their original position or its equivalent. |
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(2) |
It is important to give consideration to the need to make the point
stated in numbered item 1 a basic premise of employment management,
such as assignments, of workers other than those who take child care
leave or family care leave. |
4. Matters in Taking the Necessary Measures Provided
for in Article 18 of the Law with Regard to the Development and Improvement
of the Working Abilities of Workers Who Are Taking Child Care Leave or
Family Care Leave
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(1) |
It is important that workers who take child care leave or family
care leave should have a choice as to whether or not said measures
are applied to them. |
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(2) |
In view of the fact that child care leave or family care leave
can extend over a relatively long period, and the fact that the necessary
measures for a smooth return to work after such leave vary according
to the individual worker's situation, including type of occupation,
job status, and professional attitude, it is important to give consideration
to the desirability of taking measures which are both appropriate
to the individual worker's situation and systematic. |
5. Matters in Taking the Measures Provided for in Article
19, Paragraph 1 of the Law to Facilitate a Worker's Taking Care of a Child
While Working, and the Measures Provided for in Article 19, Paragraph
2 of the Law to Facilitate a Worker's Taking Care of a Subject Family
Member in Need of Care While Working
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(1) |
It is important that a worker shall not be dismissed or otherwise
treated disadvantageously by reason of having requested or received
application of said measures. |
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(2) |
It is important that said measures shall not be applicable against
the will of a worker for longer than the requested period. |
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(3) |
With regard to a part-time work system, it is important to give
consideration to the desirability of its contents being such that
they effectively facilitate a worker's taking care of a child or a
Subject Family Member in Need of Care while working. |
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(4) |
When reviewing a system relating to overtime work based on the
revision of the Labour Standards Law (Law No. 49 of 1947) by the provisions
of Article 4 of the Law Concerning the Improvement of Ministry of
Labour-Related Laws for the Securing, Etc., of Equal Opportunity and
Treatment of Men and Women in Employment (Law No. 92 of 1997), it
is important that an employer be careful to consider the need to establish
a system whereby a worker is not required to work hours in excess
of the fixed working hours, which is one of the measures to facilitate
a worker's taking care of a child while working. |
6. Matters in Taking Necessary Measures, As Prescribed
in Article 20, Paragraph 1 of the Law, in Accordance with a Child Care
Leave System or the Measures Provided for in Article 19, Paragraph 1 of
the Law
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(1) |
It is important that workers should have a choice as to whether
or not said measures are applied to them. |
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(2) |
In taking measures in accordance with a child care leave system
or the measures provided for in Article 19, paragraph 1 of the Law,
it is important to give consideration to the desirability of taking
said measures in the order of greatest necessity considering the totality
of such factors as the environment for workers' child care and workers'
working situation, while bearing in mind that, among workers who take
care of children over one year of age but not yet attending elementary
school, those taking care of younger children are considered generally
to have a greater need for application of said measures. |
7. Matters in Taking Necessary Measures, As Prescribed
in Article 20, Paragraph 2 of the Law, in Accordance with a System of
Family Care Leave or the Measures Provided for in Article 19, Paragraph
2 of the Law and with Consideration to the Term and Frequency, Etc., of
Required Care
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(1) |
It is important that workers should have a choice as
to whether or not said measures are applied to them. |
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(2) |
It is important to give consideration to the desirability
of taking necessary measures while taking into account the need to
harmonize such measures with the burden on the company entailed by
employment management, etc., and bearing in mind the following matters: |
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(a) |
More than three months may elapse between the onset and stabilization
of the condition of a family member of whom said worker is taking
care, or between the onset of said condition and the time when said
worker can utilize care-related services. |
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(b) |
After having ceased to require care, a Subject Family Member involved
in family care leave taken by said worker or in measures taken by
the employer with regard to said worker as provided for in Article
19, paragraph 2 of the Law may return to a condition requiring care
by said worker. |
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(c) |
In some cases, such as where there are no other close relatives,
there may be a great necessity for said worker to take care of a family
member other than a Subject Family Member. |
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(d) |
Even a worker who takes care of a family member who is not in Need
of Care may have difficulty in working as a result of taking care
of said family member. |
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(e) |
The said worker may wish to be able to utilize the system flexibly
in response to a varying degree of necessity to take care of a family
member. |
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