Part Two: Report by Article

Article 11

Article 11. 2. (c)

1. Establishment of Systems for Child Care and Family Care

(1) Provisions in the Basic Law for a Gender-equal Society

Article 6 of "the Basic Law for a Gender-equal Society" stipulates, "Formation of a Gender-equal Society shall be promoted so that women and men can perform their roles smoothly as household members in home-related activities, including child-raising and nursing of family members through mutual cooperation and social support, and can thus perform activities other than these."

(2) Revisions of the Child Care and Family Care Leave Law

The "Law to Amend the Child Care Leave Law" (law No.107 for 1995) has been fully enforced since April 1999, and the family care leave system, etc., has uniformly become a responsibility of the employer. This law allows men and women workers to take up to three months off on request for care of family members by applying to the employer.

In 1997, along with the removal of restrictions on late-night work by women workers, the Child Care and Family Care Leave Law was revised to establish the system of limitation on late night work for men and women workers engaged in childcare or family care. This revision has been enforced since April 1999.

Furthermore, the Law regarding the "Partial Revision of Law Concerning the Welfare of Workers who Take Care of Children or other Family Members Including Child Care and Family Care Leave," including in its content the prohibition of unfavorable treatment by reason of childcare leave, etc., as well as the establishment of the right to request exemptions from overtime, was established on 9 November 2001 and was promulgated on 16 November 2001.

The outline of the Law is as follows.

i) Prohibition of Unfavorable Treatment by Reason of Child Care Leave

An employer shall not dismiss or apply other unfavorable treatment on a worker by reason of a worker applying for or taking childcare or family care leave.

ii) Restrictions on Overtime Work

Those who care for children who have not yet reached school age or those who need to take care of family members who require nursing care, can request exemption from overtime work exceeding 24 hours a month or 150 hours a year.

iii) Raising the Age of Children to Whom are Applied Measures to Shorten Working Hours, etc.

The age limit of the children to whom are applied compulsory measures for employers to shorten working hours, etc., has been raised from below one year of age to below three years of age.

iv) Responsibilities for Employers to Make an Effort to Give Leave to Those Caring for Sick or Injured Children

Employers shall make efforts to take measures for employees with children who have not yet reached school age to take leave for taking care of sick or injured children.

v) Considerations for Job Transfers

Employers who transfer employees to a position with a change in location shall consider the employee's childcare and nursing care situation, such as understanding the situation and making allowances for his/her intention.

vi) Awareness Cultivation by the Government

The Government shall take necessary measures including public relations activities to deepen among employers, employees and the rest of the national public the understanding of management of life at work and family life by workers who take care of children and other family members.

vii) Date of Enforcement

1 April 2002. However, i) and vi) came into force on the day of promulgation (16 November 2001).

In FY1999, the former Ministry of Labour (currently the Ministry of Health, Labour and Welfare) conducted the "Basic Survey on Women Worker's Employment Management." According to this survey, 56.4% of women who delivered children took child care leave, and 0.42% of men with spouses who delivered children took child care leave. Compared with the corresponding figures of 49.1% (women) and 0.12% (men) in FY1996 (survey was conducted for employees of corporations that had child care leave systems in FY1996), there is a steady increase in both men and women who take child care leave. For FY1999, the ratio of men and women who took child care leave was 97.6% for women and 2.4% for men. Compared to the FY1996 ratio of 99.4% for women and 0.6% for men, FY1999 figures show an increase in the rate of men though it still remains at a low level.

(3) Revision of the Employment Insurance Law

To improve support for managing life at work and family level, and to support and promote smooth continuation of the former, the Employment Insurance Law was revised, and since January 2001, the benefit rate of child-care and nursing care was raised from 25% to 40% of the wages prior to the leave.

(4) Support for Child Raising

a) Support Measures for the Balancing of Work and Child Raising

Support for managing life at work and child raising has been an important and urgent issue for the formation of a gender-equal society in Japan, therefore, in January 2001, the "Specialist Committee on Support Measures for the Balancing of Work and Child Raising" was established under the Council for Gender Equality. Based on the final report from this committee, the "Comments on the Policies on Support Measures for the Balancing of Work and Child Raising" were approved by the Council, in June 2001. Based on the Comments, the "Policy on Support Measures for the Balancing of Work and Child Raising" was approved by the Cabinet. This policy provides numerical targets and deadline for measures including a strategy for no children waiting lists for day-care centers and the establishment of after-school measures for children.

The strategy for no children waiting lists for day-care centers and the establishment of after-school measures for children have been incorporated into both the "Reform Work Schedule," which indicates the direction of Japanese structural reforms, and the "Front-Loaded Reform Program" included therein, which contains measures requiring implementation with particular urgency.

b) Diverse and High Quality Child Care Services

In 1999, the Government adopted the "Concrete Plan to Implement a Priority Measures for the Declining Birth Rate (New Angel Plan)" to meet diversifying demands for nursing, brought about as a result of an increase in the number of working women and change in working pattern, and to support management of work and child care. Based on this plan, since FY2000, the Government has been promoting measures such as the acceptance of infants (0 to 2 year olds) with the highest demand for care was expanded, childcare hours were extended (in general later than 6pm), and temporary childcare and others have been advanced.

c) Development of Day-Care Centers

As of 1 April 2001, there are 22,218 childcare or day-care centers with 1,828,312 children enrolled.

In order for local governments to flexibly respond to challenges including no children waiting lists for day-care centers through deregulation related to certified day-care facilities that meet the Child Welfare Facilities Minimum Standard, a series of deregulations, including abolishment of limitation of establishment entity, were implemented in March 2000.

In order to promote the no children waiting lists for day-care centers incorporated in the "Policy on Support Measures for the Balancing of Work and Child Raising" (Cabinet decision on 6 July 2001), which was formulated based on comments of the Council for Gender Equality, efforts are being made to develop necessary facilities to accommodate the increase of 150,000 children by FY2004.

As the first child care facility in Kasumigaseki, which is the government office district, the "Kasumigaseki Nursery" was established by the mutual aid society of the Ministry of Education, Culture, Sports, Science and Technology in October 2001. In consideration for the working situation in Kasumigaseki, child care hours were set until 10 p.m. in an attempt to develop an environment which supports working parents taking care of their children.

d) After-School Measures for Children

The Ministry of Health, Labour and Welfare is making efforts to provide school children in the lower grades whose parents are not at home in the afternoon due to work and other reasons with fora for playing and living after-school through utilizing child welfare facilities, etc., (after-school children's clubs). As of 1 May 2001, this has been implemented in 11,803 locations with 452,135 registered children.

In accordance with the "Policy on Support Measures for the Balancing of Work and Child Raising" (Cabinet decision on 6 July 2001), the acceptance system of after-school children including after-school children's clubs will be expanded to 15,000 locations by FY2004.

e) Support for Child Raising in Kindergarten

To meet the diversifying needs of the kindergarteners' parents, "day care," which is the care service provided prior to and after four hours of curricular activities and during vacations, is being advanced. Whereas in 1997 approximately 30% of Japan's kindergartens provided this service, in 2001 more than 50% provided it.

(5) Establishment of the Long-term Care Insurance System

In order to establish a system whereby society as a whole supports those who are facing the need of long-term care in the aging society, the Long-term Care Insurance Law passed the Diet in December 1997. After the subsequent preparatory period, the system was enacted in April 2000. Under this system, elderly persons aged 65 or over who are bed-ridden and/or with senile dementia and people from 40 to 64 years of age who are in need of long-term care due to specific age-related diseases are provided with long-term care services covering both in-home service and institutional services for their comprehensive use. This system aims at supporting the elderly and their families.

As of June 2001, there were 802,191 men and 1,898,350 women who were certified as requiring support or care; women made up approximately 70% of the total. With regard to the gender of principal care-givers, the number of women was larger than that of men; women made up 72.2% and men made up 19.5% in 2000. The rate of female care-givers has been decreasing compared to the rate of 85.1% in 1995, when the long-term care insurance had not yet been introduced.

The funds for insurance payments come from public funds and the insurance premium which people aged 40 or over pay. 10% of the costs to which insurance is applied are borne by the user. After the introduction of the system, a steady increase has been identified in the number of service users and the amount of use showed a steady increase compared to the respective corresponding figures before its implementation, demonstrating the expected effect. This system has generally had a favorable start.

In December 1999, taking into account the implementation of the Long-term Care Insurance System, the Gold Plan 21 was formulated (Five Year Strategy to Promote Health Care and Welfare for the Elderly). Based on this plan, infrastructure development measures have been qualitatively and quantitatively promoted.

(6) Support to Make Work Compatible With Nursing of Family Members

a) Developing an Environment Which Makes it Easier to Continue to Work While Nursing Family Members

From FY2000, "Child Care Leave Substitute Personnel Securing Subsidy" is provided for those employers who have secured substitute personnel during an employee's child care leave and returns the employee to the former job or an equivalent position, after stipulating the treatment of workers who take child leave in their rules and regulations; that is in principle those shall be returned to the former job or equivalent position.

Family Support Center projects which conduct community based mutual support activities by local membership clubs composed of those who extend child care assistance and those who want to receive such services in order to meet irregular or fluctuating needs for child care that the existing day-care centers can not cope with such as a sudden need to work overtime. Since FY2001, this project has been enhanced comprehensively by taking such measures as promoting their establishment in large cities, strengthening their cooperation with childcare facilities and increasing the number of their locations. The establishment of facilities has been promoted toward enhancement of child-raising support in the community, in FY2002 (286 locations by FY2002).

b) Support for Re-employment

The "Re-employment Support Project" has been provided to support those who quit their jobs for childcare and nursing care but wish to be reemployed in the future. This project has been gradually expanding its implementation areas, and from FY2002, services are available in all 47 prefectures.

Furthermore, in the Public Employment Security Office (Compatible Support Hello Work) that undertakes support for managing life at work and family life, reemployment support services are given to those who want to be newly employed but have childcare, housework and nursing care constraints, by providing detailed employment consultations, employment introductions and other services.


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