Regulations Concerning Childcare and Family Care Leave, etc.
Chapter 1 Purpose
(Purpose)
Article 1.
These rules shall provide for the handling of childcare and nursing care leave, child nursing care leave, nursing care leave, restrictions on overtime work for childcare and nursing care, restrictions on overtime and late-night work for childcare and nursing care, and childcare and nursing care shortened working hours, etc. by all employees (regular employees, contract employees of part-time and fixed-term employees, and temporary employees) who have employment contract relationship with Konishi Sangyo Co. The provisions of this chapter shall apply to the handling of childcare and family care leave, child nursing care leave, family care leave, restrictions on overtime and late-night work for childcare and family care, and shorter working hours for childcare and family care.
Chapter 2 Childcare Leave System
(Persons eligible for childcare leave)
Article 2.
1. Employees (excluding daily employees) who wish to take leave for childcare and who live with and care for a child under one year of age may take childcare leave in accordance with the provisions of these Rules.
However, in the case of a term contract employee, childcare leave may be taken only if all of the following apply at the time of the request
(a) It is not clear that the current labor contract will expire and not be renewed by the day the child reaches the age of 1 year and 6 months (2 years old in the case of a request for 5).
2. Notwithstanding 1, a request for leave of absence from the following employees who are excluded by a labor-management agreement may be refused
(i) Employees who have been with the company less than one year.
(ii) Employees for whom it is clear that the employment relationship will end within one year (or within six months in the case of a request under Paragraphs 4 and 5 of this Article) from the date of the request.
(iii) An employee whose scheduled working days per week are two days or less.
3. If a spouse takes childcare leave from the same date as the employee or before the employee, the employee may take childcare leave until the child reaches one year and two months of age, up to a total of one year for the period of maternity leave before and after the date of birth and childcare leave.
4. Employees who fall under any of the following categories may take childcare leave for the necessary number of days until the child reaches one year and six months of age. In principle, the day on which the employee wishes to start childcare leave shall be limited to the child’s first birthday.
(1) The employee or spouse is taking childcare leave, in principle, on the day before the child’s first birthday.
(2) One of the following circumstances exists
(a) The employee wishes to enter a nursery school, etc., but is unable to do so.
(b) The employee’s spouse, who is the parent of a child covered by Child Care Leave and was scheduled to take care of the child after the child’s first year of age, is unable to care for the child due to death, injury, illness, or other circumstances.
5 Employees who fall under any of the following categories may take childcare leave for the necessary number of days until the child reaches two years of age. In principle, the day on which the childcare leave is to begin shall be limited to the day following the day on which the child reaches one year and six months of age.
(1) The employee or spouse is taking childcare leave on the day the child reaches one year and six months of age, in principle.
(2) One of the following circumstances exists
(a) The employee wishes to enter a nursery school, etc., but is unable to do so.
(b) The spouse of the employee, who is the parent of the child for whom childcare leave is taken and who was scheduled to take care of the child from the age of 1 year and 6 months, becomes unable to take care of the child due to death, injury, illness or other circumstances.
(Procedures for requesting childcare leave, etc.)
Article 3.
1. An employee who wishes to take childcare leave shall, in principle, apply for childcare leave (Internal Form 1) to the company at least two weeks prior to the day on which he/she wishes to start childcare leave (hereinafter referred to as the “scheduled start date of childcare leave”). In principle, an employee who wishes to take childcare leave shall submit a written request for childcare leave (Internal Form 1) to the Company at least two weeks prior to the day on which he/she intends to start childcare leave (hereinafter referred to as “scheduled start date of childcare leave”) (two weeks prior in the case of leave exceeding one year of age in accordance with Article 2, Paragraph 4 and leave exceeding one year and six months in accordance with Paragraph 5).
In the event that a term contract employee on childcare leave renews his/her labor contract and wishes to continue his/her leave, he/she shall submit another application for childcare leave by submitting a written application for childcare leave, setting the first day of the renewed labor contract period as the scheduled start date of the childcare leave.
2. A request may be made only twice for each child, except in the following cases However, the first childcare leave taken by an employee who has not taken postnatal leave within 8 weeks of the child’s birth or the expected date of birth, whichever is later, shall not be counted as one request.
(1) When an employee who has taken leave under Paragraph 1 of Article 2 intends to request leave under Paragraph 4 or 5 of the same Article or the second sentence of Paragraph 1 of this Article.
(2) When a person who has taken leave pursuant to Paragraph 4 of Article 2 intends to request leave pursuant to Paragraph 5 of the same Article or the second sentence of Paragraph 1 of this Article.
(3) When there are special circumstances such as the death of a spouse.
3. The Company may request the submission of various certifications to the minimum extent necessary in order to receive the application for childcare leave.
4. Upon receipt of a written application for childcare leave, the Company shall promptly notify the person who submitted the written application for childcare leave (hereinafter referred to as the “applicant” in this chapter) of the handling of the childcare leave. The Company shall promptly issue a notice of handling of childcare leave (Internal Form 2) to the person who submitted the application for childcare leave (hereinafter referred to as the “applicant” in this chapter).
5. If a child is born after the date of the application, the applicant shall submit to the Company a notification of the birth of the child to be taken childcare leave (Internal Form 3) within two weeks after the birth.
(Withdrawal of Request for Childcare Leave, etc.)
Article 4.
1. A claimant may withdraw his/her request for childcare leave by submitting a Notification of Withdrawal of Childcare Leave Request (Internal Form 4) to the Company until the day before the scheduled start of childcare leave.
2. When a notice of withdrawal of childcare leave request is submitted, the Company shall promptly issue a notice of handling of childcare leave (Internal Form 2) to the person who submitted the notice of withdrawal of childcare leave request.
3. A person who has withdrawn his/her request for childcare leave may not make a second request for the same child unless there are special circumstances. However, a person who has withdrawn a request for leave based on Article 2, Paragraph 1 may still request leave based on Paragraph 5 of the same article.
4. If, by the day before the scheduled date of commencement of childcare leave, the applicant no longer takes care of the child pertaining to the leave request due to the death of the child, etc., the request for childcare leave shall be deemed not to have been made. In such a case, the applicant shall, in principle, notify the Company of such fact on the day such event occurs.
(Period of Childcare Leave, etc.)
Article 5.
1. The period of childcare leave shall, in principle, be the period stated in the application for childcare leave (Internal Form 1) up to the time when the child reaches one year of age (in the case of leave based on Article 2, Paragraphs 3, 4 and 5, up to the time specified for each).
2. Notwithstanding 1, the Company may designate the scheduled start date of childcare leave in accordance with the provisions of the Child Care and Family Care Leave Law.
3. An employee may request an earlier start date for childcare leave by submitting a written request for a change in the period of childcare leave (Internal Form 5) to the Company at least one week prior to the scheduled start date for childcare leave, or request an extension of the scheduled end date for childcare leave by submitting a written request for a change in the period of childcare leave to the Company at least two weeks prior to the scheduled end date of childcare leave (hereinafter referred to as the “scheduled end date of childcare leave”).
In principle, both the change of the scheduled start date of childcare leave and the change of the scheduled end date of childcare leave may be made only once, but in the case of leave based on Article 2, paragraphs 4 and 5, the change may be made separately from leave based on Article 2, paragraph 1, within the period from when the child is 1 year to 1 year and 6 months old and from when the child is 1 year and 6 months old to 2 years old, respectively.
4. Upon submission of a written request for change of the period of childcare leave, the Company shall promptly issue a notice of handling of childcare leave (Internal Form 2) to the person who submitted the said written request for change of the period of childcare leave.
5. In the event of any of the following events, the Child Care Leave shall be terminated, and the date of termination of said Child Care Leave shall be the date specified in each of the following items
(1) In the event that the employee ceases to take care of the child pertaining to the Child Care Leave such as death of the child.
Termination date = the day on which the event occurred (in this case, the date on which the employee must return to work shall be within two weeks of the date on which the event occurred and shall be determined by mutual agreement between the Company and the employee).
(2) When a child under Childcare Leave has reached one year of age, etc.
Termination date = the day on which the child reaches one year of age (Except in the case of leave based on Article 2, Paragraph 3. In the case of leave pursuant to Article 2, Paragraph 4, the day the child reaches one year and six months of age, and in the case of leave pursuant to Article 2, Paragraph 5, the day the child reaches two years of age.).
(3) When maternity leave before or after childbirth, family care leave, or a new period of childcare leave begins for the applicant.
Termination date = the day before the start of maternity leave, family care leave, or new childcare leave.
(4) In the case of leave pursuant to Article 2, Paragraph 3, when the total of the period of Maternity Leave before or after childbirth and the period of Child Care Leave after the date of birth reaches one year.
(5) The day on which said one year has been reached.
6. In the event of the occurrence of any of the events in 5 (1) above, the applicant shall, in principle, notify the Company of such event on the day such event occurs.
Chapter 3 Family Care Leave System
(Persons eligible for Family Care Leave)
Article 6.
1. An employee who cares for a family member in need of nursing care (excluding daily employees) may take nursing care leave up to three times for a total of 93 days per family member in need of care in accordance with the provisions of these Rules. However, in the case of employees under fixed-term contracts, only those who fall under any of the following categories at the time of the request may take family care leave.
(a) It is not clear that the current labor contract will expire and not be renewed by the day on which six months have elapsed since the day on which 93 days have elapsed since the scheduled start of the nursing care leave.
2. Notwithstanding 1, a request for leave of absence from the following employees who are excluded by a labor-management agreement may be refused.
(i) Employees who have been employed for less than one year.
(ii) Employees whose employment relationship is clearly terminated within 93 days from the date of the request.
(iii) An employee whose prescribed weekly working days are two days or less.
3. This family member in need of care means the following persons who are in need of constant care for a period of two weeks or longer due to injury, illness, or physical or mental disability.
(1) Spouse
(2) Parents
(3) Child
(4) Spouse’s parents
(5) Grandparents, siblings or grandchildren
(6) Family members other than those listed above who are approved by the company
(Procedures for requesting nursing care leave, etc.)
Article 7.
1. An employee who wishes to take family care leave shall, in principle, submit a Family Care Leave Application (Internal Form 6) to the Company at least two weeks prior to the scheduled start of the family care leave.
In the event that a term contract employee on nursing care leave renews his/her labor contract and wishes to continue his/her leave, he/she shall submit another application using the nursing care leave application form, setting the first day of the renewed labor contract period as the scheduled start date of the nursing care leave.
(2) Unless there are special circumstances, a request may be made up to three times for a total of 93 days for each family member. However, this shall not apply in the case of a request for the latter part of 1.
(3) The Company may request the applicant to submit the minimum necessary certificates in order to receive the Family Care Leave Application.
(4) When a Family Care Leave Application is submitted, the Company shall promptly issue a Notice of Handling of Family Care Leave (Internal Form 2) to the person who submitted the said Family Care Leave Application (hereinafter referred to as the “Applicant” in this chapter).
(Withdrawal of Request for Family Care Leave, etc.)
Article 8.
1. A claimant may withdraw his/her request for Family Care Leave by submitting a notice of withdrawal of the request (Internal Form 4) to the Company until the day before the scheduled start of the Family Care Leave.
2. When a notice of withdrawal of the request for family care leave is submitted, the Company shall promptly issue a notice of handling of family care leave (Internal Form 2) to the person who submitted the notice of withdrawal of the request for family care leave.
3. A person who has withdrawn two consecutive requests for family care leave may not make a second request for the family concerned. However, if the Company deems it appropriate under special circumstances, the family member may request it more than once.
4. In the event that the applicant is no longer caring for a family member due to the death, etc. of the family member to whom the application pertains by the day before the scheduled date of commencement of Family Care Leave, the application for Family Care Leave shall be deemed not to have been made. In such a case, the applicant shall, in principle, notify the Company of such fact on the day such event occurs.
(Period of Family Care Leave, etc.)
Article 9.
1. The period of Family Care Leave shall, in principle, be the period stated in the Application for Family Care Leave (Internal Form 6) within the total of 93 days for each family member.
2. Notwithstanding 1, the Company may designate a different scheduled date for Family Care Leave in accordance with the provisions of the Child Care and Family Care Leave Law.
3. The employee shall submit a written request for change of the period of Family Care Leave (Internal Form 5) to the Company at least two weeks prior to the day on which the Family Care Leave is scheduled to end (hereinafter referred to as the “scheduled end date of Family Care Leave”). In this case, the employee may request the Company to postpone the scheduled termination date of the Family Care Leave by submitting a written request to the Company at least two weeks prior to the scheduled termination date.
In this case, the period from the scheduled start date of Family Care Leave to the changed scheduled end date of Family Care Leave shall not exceed a total of 93 days in principle.
4. When a written request for a change in the period of Family Care Leave is submitted, the Company shall promptly issue a notice of handling of Family Care Leave (Internal Form 2) to the person who submitted the said written request for a change in the period of Family Care Leave.
5. In the event of any of the following events, the Family Care Leave shall be terminated, and the date of termination shall be the date specified in each of the following items.
(1) In the event that the employee ceases to care for the family member to whom the Family Care Leave pertains, such as the death of a family member.
Termination date = the day on which the said event occurred (In this case, the date on which the employee must return to work shall be a date within two weeks of the occurrence of the event, to be determined by mutual agreement between the Company and the employee.)
(2) When the maternity leave, childcare leave, or new family care leave has started for the applicant.
Termination date =the day before the start of the maternity leave, childcare leave, or new family care leave.
6. In the event of any of the events listed in 5 (1) above, the applicant shall, in principle, notify the Company of such event on the day such event occurs.
Chapter 4 Child Care Leave
(Child nursing care leave)
Article 10.
1. Employees (excluding daily employees) who are taking care of a child up to the age of elementary school attendance may take annual paid leave as stipulated in Article 36 of the Employment Regulations to care for an injured or ill child or to have the child receive vaccinations or medical examinations. In this case, one year shall be defined as the period from April 1 to March 31 of the following year.
2. Notwithstanding 1 above, a request for leave to care for a child from any of the following employees who are excluded by a labor-management agreement may be refused
(i) Employees who have been with the company for less than six months.
(ii) Employees who work less than two (2) prescribed working days per week.
3. Employees may take leave to care for a child on an hourly basis consecutively from the starting time of work or until the end of work.
4. In principle, employees who wish to take such leave shall submit a Child Care Leave Request Form (Internal Form 7) to the Company in advance.
5. For the purpose of calculating salary, bonus, regular salary increase, and retirement allowance, the period of leave shall be deemed as the period of regular service.
Chapter 5 Nursing Care Leave
(Nursing care leave)
Article 11.
1. Employees (excluding daily employees) who care for or otherwise take care of a family member in need of nursing care may take nursing care leave up to five days per year for one family member or up to ten days per year for two or more family members, in addition to the annual paid leave stipulated in Article 36 of the Employment Regulations. In this case, one year shall be defined as the period from April 1 to March 31 of the following year.
2. Notwithstanding 1 above, a request for nursing care leave from the following employees who are exempted by a labor-management agreement may be refused.
(i) Employees who have been with the company for less than six months.
(ii) Employees who work two or less prescribed working days per week.
3. Employees may take nursing care leave on an hourly basis from the time they start work to the time they finish work or continuously until the time they finish work.
4. In principle, an employee who wishes to take nursing care leave shall submit a written request for nursing care leave (Internal Form 7) to the Company in advance.
5. For the purpose of calculating salary, bonus, regular salary increase, and retirement allowance, the period of leave shall be deemed as the period during which the employee worked as usual.
Chapter 6.
(Restriction on Overtime Work for Child Care and Family Care)
Article 12.
1. In the event that an employee (excluding daily employees) who is bringing up a child under three (3) years of age requests overtime work to care for said child or an employee who is caring for a family member in need of nursing care requests overtime work to care for said family member, the employee shall not be required to work beyond the prescribed working hours, except when it would impede the normal operation of the business.
2. Notwithstanding 1, a request for restriction of overtime work from the following employees who are excluded by a labor-management agreement may be refused
(1) Employees who have been with the company less than one year.
(2) Employees who work less than two (2) prescribed working days per week.
3. A person who wishes to make such a request shall, in principle, submit to the Company a written request for limitation of overtime work for childcare or nursing care (Internal Form 8) at least two weeks prior to the scheduled start date of the limitation, specifying the date on which the limitation is to begin (hereinafter in this Article referred to as “scheduled start date of limitation”) and the date on which the limitation is to end, for a period of not less than one month and not more than one year at a time (hereinafter in this Article referred to as ” Restriction Period”). In this case, the restricted period shall not overlap with the restricted period stipulated in Article 13, Paragraph 3 of these Rules.
4. The Company may require the submission of various certifications to the minimum extent necessary in order to receive a written request for overtime work restriction.
5. In the event of the birth of a child to which the application pertains after the date of the application, the person who submitted the application for restriction on overtime work (hereinafter referred to as the “applicant” in this Article) shall submit to the Company a birth certificate (Internal Form 3) within two weeks after the birth.
6. If, by the day before the scheduled date of commencement of the restrictions, the applicant no longer cares for the child due to the death of the child pertaining to the application, or if the applicant no longer cares for the family due to the death of a family member pertaining to the application, the applicant shall be deemed not to have applied for the restrictions. In such a case, the applicant shall, as a general rule, notify the Company of such fact on the day such event occurs.
7. In the event of any of the following events, the Restriction Period shall terminate, and the date of termination of the Restriction Period shall be the date specified in each of the following items.
(1) In the event that the person no longer fosters a child or cares for a family member pertaining to the restriction, such as the death of a child or family member.
Termination date = the date on which such event occurred.
(2) When the child subject to the restriction has reached the age of three years.
Termination date = the date on which the child reaches the age of three years.
(3) When maternity leave before or after childbirth, childcare leave, or family care leave begins for the applicant.
Termination date = the day before the day on which the maternity leave, childcare leave, or family care leave begins.
8. In the event of the occurrence of any of the events in 7 (1) and (2) above, the reporting employee shall, in principle, notify the Company of the occurrence of such event on the day such event occurs.
Chapter 7 Limitations on Overtime Work
(Restriction on overtime work for childcare or family care)
Article 13.
1. Notwithstanding the provisions of Article 32 of the Employment Regulations and the agreement on overtime work, in the event that an employee who is taking care of a child until the child reaches the age of school entry or an employee who is caring for a family member in need of nursing care requests overtime work for the purpose of caring for the family member, the employee shall not work more than 24 hours per month and 24 hours per year, except when it would hinder the normal operation of the business.
2. Notwithstanding 1 above, a request for restriction of overtime work from an employee who falls under any of the following (1) through (3) may be refused.
(1) Daily employees.
(2) Employees who have been with the company less than one year.
(3) Employees who work less than two (2) regular working days per week.
3. An employee who wishes to make such a request shall, in principle, submit to the Company a written application for limitation of overtime work for childcare/nursing care (Internal Form 9) at least two weeks prior to the scheduled start date of the limitation, specifying the date on which the limitation is to begin (hereinafter in this Article referred to as “scheduled start date of limitation”) and the date on which the limitation is to end for a period of not less than one month and not more than one year (hereinafter in this Article referred to as the “Restriction Period”). In this case, the restricted period shall not overlap with the restricted period stipulated in Article 12 of this Article.
4 The Company may require the submission of various certifications to the minimum extent necessary in order to receive the overtime work restriction request form.
5. If the birth of the child to which the application pertains occurs after the date of the application, the person who submitted the Application for Restriction of Overtime Work (hereinafter in this Article referred to as the “applicant”) shall submit to the Company a birth certificate (Internal Form 3) within two weeks after the birth.
6. If, by the day before the scheduled date of commencement of the restriction, the applicant is unable to care for the child or family due to the death of the child or family member pertaining to the application, the applicant shall be deemed not to have applied for the restriction. In such a case, the applicant shall, as a general rule, notify the Company of such fact on the day such event occurs.
7. In the event of any of the following events, the Restriction Period shall terminate, and the date of termination of the Restriction Period shall be the date specified in each of the following items.
(1) Death of a child or a family member, or other event that results in the child or the family member no longer caring for the child or family member subject to the restriction.
Termination date = the date of occurrence of such event
(2) When the child subject to the restriction has reached the beginning of elementary school.
Termination date = March 31 of the year in which the child reaches the age of six years.
(3) When maternity leave before or after childbirth, childcare leave, or family care leave has started for the applicant.
Termination date = the day before the day on which the maternity leave, childcare leave, or family care leave begins.
8. In the event of the occurrence of any of the events in 7 (1) above, the applicant shall, as a general rule, notify the Company of the occurrence of such event on the day such event occurs.
Chapter 8 Restriction on Late-Night Work
(Restriction on Late-Night Work for Child Care and Family Care)
Article 14.
1. Notwithstanding the provisions of Article 32 of the Employment Regulations, the Company shall not have such employees work late at night between the hours of 10:00 p.m. and 5:00 a.m. (hereinafter referred to as “midnight”) if an employee who is taking care of a child until the child reaches the beginning of elementary school age applies to take care of said child or an employee who is caring for a family member in need of nursing care applies to take care of said family member, unless it would hinder the normal operation of the business.
2. Notwithstanding 1 above, a request for restriction of midnight work by an employee who falls under any of the following categories may be refused.
(1) Daily employees.
(2) Employees who have been with the company less than one year.
(3) Employees who have a family member 16 years of age or older living with them who meets all of the following.
(i) The employee does not work midnight (including those who work less than 3 days at midnight in a month).
(ii) The employee’s physical and mental condition is such that he/she is capable of taking care of the child pertaining to the application or caring for his/her family.
(iii) The applicant is not due to give birth within 6 weeks (14 weeks in the case of multiple pregnancy) and is not yet 8 weeks postpartum.
(4) An employee whose prescribed working days per week are two days or less.
(5) An employee whose all of the prescribed working hours are at midnight.
3. An employee who wishes to make such a request shall, in principle, submit to the Company a written application for limitation of midnight work for childcare/nursing care (Internal Form 10) at least two weeks prior to the scheduled start date of the limitation, specifying the date on which the limitation is to begin (hereinafter in this Article referred to as “scheduled start date of limitation”) and the date on which the limitation is to end for a period of not less than one month and not more than six months (hereinafter in this Article referred to as the “Restriction Period”).
4 The Company may request the submission of various certifications to the minimum extent necessary upon receipt of a written request for a late-night work restriction.
5. In the event of the birth of a child to which the request pertains after the date of the request, the person who submitted the application for the restriction on midnight work (hereinafter in this Article referred to as the “applicant”) shall submit to the Company a birth certificate (Internal Form 3) within two weeks after the birth.
6. If, by the day before the scheduled date of commencement of the restriction, the employee no longer cares for the child or his/her family due to the death of the child or family member pertaining to the application, the applicant shall be deemed not to have applied for the restriction. In such a case, the applicant shall, as a general rule, notify the Company of such fact on the day such event occurs.
7. In the event of any of the following events, the Restriction Period shall terminate, and the date of termination of the Restriction Period shall be the date specified in each of the following items.
(1) Death of a child or a family member, etc., where the person no longer fosters the child or cares for the family member pertaining to the restriction.
Termination date = the date on which such event occurred.
(2) When the child subject to the restriction has reached the beginning of elementary school.
Termination date = March 31 of the year in which the child reaches the age of six years.
(3) When the maternity leave before or after childbirth, childcare leave, or family care leave has started for the applicant.
Termination date = the day before the day on which the maternity leave, childcare leave, or family care leave begins.
8. In the event of the occurrence of any of the events in 7 (1) above, the applicant shall, in principle, notify the Company of the occurrence of such event on the date of such event.
9. With respect to salary during the restricted period, the employee shall be paid the full amount of basic salary and various allowances for actual working hours based on the hourly rate of basic salary in accordance with the separately stipulated salary regulations.
10. Employees who are restricted to late-night work may be converted to daytime work by the Company as necessary.
Chapter 9 Measures to Shorten Prescribed Working Hours, etc.
(Shorter working hours for childcare)
Article 15.
1. Employees raising a child under 3 years of age may, upon request, change their prescribed working hours as stipulated in Article 30 of the Rules of Employment as follows:
The prescribed working hours shall be from 9:00 a.m. to 4:00 p.m. (with a one-hour rest period from 12:00 a.m. to 1:00 p.m.). (Female employees raising a child under one year of age may request two additional childcare hours of 30 minutes each.)
2. Notwithstanding 1, the Company may refuse a request for shorter working hours for childcare from an employee who falls under any of the following categories.
(1) Daily employees.
(2) Employees who work less than 6 hours per day.
(3) The following employees who are exempted by the labor-management agreement
(a) Employees who have been with the company less than one year.
(b) Employees who work less than two scheduled working days per week.
3. The employee must submit a request to the Company by submitting a Childcare Shorter Working Hour Request Form (Internal Form 11) in principle, at least two weeks prior to the scheduled start of the shorter working hours for a period of one month to one year, clearly indicating the day on which the shorter working hours are to begin and the day on which the shorter working hours are to end. Upon submission of the application, the Company shall promptly issue a Notice of Treatment of Shorter Working Hours for Child Care (internal Form 13) to the applicant. The provisions of Articles 3 through 5 (except Article 3, Paragraph 2 and Article 4, Paragraph 3) shall apply mutatis mutandis to other procedures, etc. for application.
4. During the period of employment under this system, the full amount of basic salary and allowances for actual working hours shall be paid based on the hourly rate of basic salary in accordance with the salary regulations to be separately stipulated.
5. With respect to bonuses, if the period for which the bonus is to be calculated includes a period during which this system is applied, the bonus corresponding to the shortened hours shall not be paid.
6. For the purpose of calculating regular salary increases and retirement allowances, the period during which this system is applied shall be considered as the period during which the employee is in regular service.
(Shorter Working Hours for Nursing Care)
Article 16.
1. Employees who care for a family member in need of nursing care may, upon request, change their prescribed working hours as stipulated in Article 30 of the Rules of Employment up to two times in three consecutive years from the start of the short-time working hours per family member as follows.
The prescribed working hours shall be changed from 9:00 a.m. to 4:00 p.m. (with a one-hour rest period from 12:00 a.m. to 1:00 p.m.) to 6:00 p.m.
2. Notwithstanding 1, the Company may refuse a request for shorter working hours for nursing care from an employee who falls under any of the following categories.
(1) Daily employees.
(2) The following employees who are exempted by labor-management agreement
(a) Employees who have been with the company less than one year.
(b) Employees who work two or less days per week.
3. A person who wishes to file a request must, in principle, submit a written request to the Company (Internal Form 12) at least two weeks prior to the scheduled start date of the work period to be shortened, specifying the date on which the work period to be shortened is to begin and the date on which the work period to be shortened is to end. Upon receipt of the application, the Company shall promptly issue a Notice of Shortened Working Hours for Nursing Care (Internal Form 13) to the applicant. The provisions of Articles 7 through 9 shall apply mutatis mutandis to other procedures for application.
3. The employee must submit a request to the Company by submitting a Childcare Shorter Working Hour Request Form (Internal Form 11) in principle, at least two weeks prior to the scheduled start of the shorter working hours for a period of one month to one year, clearly indicating the day on which the shorter working hours are to begin and the day on which the shorter working hours are to end. Upon submission of the application, the Company shall promptly issue a Notice of Treatment of Shorter Working Hours for Child Care (internal Form 13) to the applicant. The provisions of Articles 3 through 5 (except Article 3, Paragraph 2 and Article 4, Paragraph 3) shall apply mutatis mutandis to other procedures, etc. for application.
4 With regard to salary during the period when this system is applied, the full amount of basic salary and various allowances for actual working hours based on the hourly equivalent of the basic salary in accordance with the salary regulations separately stipulated shall be paid.
5. With respect to bonuses, if the period for which the bonus is to be calculated includes a period during which this system is applicable, the bonus corresponding to the shortened hours shall not be paid.
6 For the purpose of calculation of hostile salary increase and retirement allowance, the period during which the system is applied shall be deemed as the period of regular service.
Chapter 10 Treatment of Employees on Childcare and Family Care Leave, etc.
(Treatment of Salary, etc.)
Article 17.
1. During the period of Child Care and Family Care Leave, basic salary and other monthly salaries shall not be paid.
2. Bonuses shall be paid on a pro-rata basis based on the number of days worked if the period of childcare/nursing care leave is included in the period covered by the bonus calculation.
3. Regular salary increases shall not be given during the period of childcare/nursing care leave, and those whose regular salary increase date falls during the period of childcare/nursing care leave shall receive the salary increase after returning to work.
4 In calculating retirement allowances, years of service shall be calculated as if the employees had worked during the period of childcare/nursing care leave.
(Treatment of social insurance premiums during the period of family care leave)
Article 18.
The insured person’s portion of social insurance premiums for the month during which no salary is paid due to nursing care leave shall be billed to the employee by the end of the following month in the amount paid by the Company for each month, and the employee shall pay the amount by the date designated by the Company.
(Support for Smooth Acquisition and Return to Work)
Article 19.
1. The Company shall take the following measures to support employees who wish to take childcare leave or family care leave in order to facilitate their smooth acquisition of such leave and return to work.
(i) When an employee or his/her spouse becomes pregnant or gives birth, or when an employee learns that he/she is caring for a family member, the Company shall inform the employee individually of the systems related to childcare leave, etc. (including compensation and working conditions during and after childcare leave, daddy leave, daddy-mommy childcare leave plus and other systems to support work-life balance).
(2) Create a childcare leave return support plan or a nursing care support plan for each employee concerned, and implement measures based on the plan. Measures based on the plan shall be determined and implemented according to the needs identified through interviews with employees taking childcare leave or nursing care leave, such as support for organizing and taking over work, provision of information and materials related to the workplace during childcare leave or nursing care leave, etc.
(Work after returning to work)
Article 20.
1. In principle, employees who take childcare/nursing care leave shall work in the same department and at the same job as they were working immediately prior to the leave.
2. Notwithstanding 1 above, the department and duties may be changed if the employee so desires or if there are unavoidable circumstances such as organizational changes. In such cases, a formal decision and notification shall be made at least two weeks prior to the scheduled end of the childcare leave or two weeks prior to the scheduled end of the family care leave.
(Annual paid leave)
Article 21.
In calculating the rate of attendance for the purpose of accruing the right to annual paid leave, employees shall be deemed to have worked on the days when they took childcare/nursing care leave, child nursing care leave, or nursing care leave.
(Prevention of Harassment Related to Childcare Leave, Family Care Leave, etc.)
Article 22.
1. All employees shall comply with Article 25 of the Employment Regulations when requesting or using the systems described in Chapters 2 through 9, and shall not use language or behavior that is detrimental to the working environment of employees making such requests or using such systems.
2. Employees who are found to have engaged in any of the behaviors described in 1 above shall be dealt with strictly in accordance with Articles 52 and 53 of the Employment Regulations.
3. The consultation counter for harassment and response to complaints shall be in accordance with Article 26 of the Employment Regulations.
(Relationship with Laws and Regulations)
Article 23.
Any matters not stipulated in these Rules concerning childcare/nursing care leave, child nursing care leave, nursing care leave, restrictions on overtime work for childcare/nursing care, restrictions on overtime and late-night work for childcare/nursing care, and measures to shorten the prescribed working hours shall be governed by the Child Care and Family Care Leave Law and other applicable laws and regulations.
(Supplementary Provisions)
These Rules shall apply from June 1, 2022.
