Extension of Child Care Leave

New Legislation Enacted

Author: Aki Tanaka, Attorney — Littler Mendelson, P.C.

As of October 1, 2017, employees are eligible to take child-care leave of up to two years (increased from one and one-half year) from the birth of the child if the employee is unable to find a spot in a nursery. The employer should thrive to notify pregnant employees (or employees with a pregnant spouse) of the benefits and working conditions available after the leave. Also the employer should endeavor to create the special leave for the employees who have children under the elementary school age, such as leave to support spouses after giving birth to a child.

Revisions on Job Security Act

New Legislation Enacted

Author: Aki Tanaka, Attorney — Littler Mendelson, P.C.

New guidelines issued by the Ministry of Health, Labor and Welfare to implement the Job Security Act (of March 31, 2017) provide that employers should notify candidates of the job description, salary, and working hours. Likewise, employers are required to inform employees of their base salary excluding overtime pay, the number of overtime hours worked, how the overtime pay is calculated, and what amount represents overtime pay. These new guidelines became effective on June 30, 2017.

Bill to Promote Work Style Reform

Proposed Bill or Initiative

Author: Aki Tanaka, Attorney — Littler Mendelson, P.C.

To promote work style reform, Congress is set to consider a new bill to: (i) set a new maximum limit of overtime working hours; (ii) abolish the exemption of increased overtime premium (0.6) for small or medium size employers; (iii) create a “high professional” exemption for highly compensated employees; and (iv) expand the discretionary working hours system. The bill also seeks to provide protection for equal treatment for limited-term employees, dispatched workers, and part-time employees.