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14 October 2020
At present, employees can take a half-day to care for a sick or injured child or family member. In order to allow employees to take such care-related leave more flexibly, the Child Care and Family Care Leave Act has been amended, effective as of 1 January 2021, to allow employees to take such time off on an hourly basis. Pursuant to the act, employers must grant such time off on a continuous hourly basis starting from the employee's daily start time or until their finishing time; however, the Ministry of Health, Labour and Welfare encourages employers to remove such limitations, so that employees can freely take time off on an hourly basis anytime during their working hours.
At present, employees who work four hours or less per day cannot take time off for care-related reasons on a half-day basis. However, following this amendment, all employees will be able to take time off for such care on an hourly basis.
For employers engaged in specific businesses, the nature of which makes it difficult for employers to allow employees to take time off on an hourly basis, a labour management agreement could be signed with employees to allow the employer to refuse a request for such time off.
Employers must ensure that the relevant rules of employment are amended and up to date before the amended act enters into force on 1 January 2021.
For further information on this topic please contact Eriko Ogata at Nagashima Ohno & Tsunematsu by telephone (+81 3 6889 7000) or email (firstname.lastname@example.org). The Nagashima Ohno & Tsunematsu website can be accessed at www.noandt.com.
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