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Effective January 1, 2021 there is an amendment to the Childcare and Family Leave Act, that allows for hourly usage of the Childcare and Family Care Time. The aim of this amendment is to allow workers greater flexibility around the taking of both the childcare and family care time.

At present, only half day entitlements are permitted, with the exception of those whose daily working hours are 4 hours or less. All workers will be eligible for this amendment.

The Ministry of Health Welfare and Labor is thinking that the revision to the Rules of Employment would be wording like [Childcare Time and Family Care Time can be taken in continuous hourly increments either starting from the commencement time or prior to the finishing time.]

For the purposes of this the time increments are in multiple of hours, and the workers hourly requests must be approved.

Consequently, the half day Leave entitlements that have been acceptable until now are no longer necessary, and Companies can remove this entitlement. In order to simplify, PMP believes that two (2) options for leave, a whole day and the hourly option will make operations easier.

The law requires hourly leave, but it is not requiring “breaks” in the day for the time off. The above example wording

The law requires hourly leave, but it is not requiring “breaks” in the day for the time off. The above example wording [to be taken in continuous hourly increments either starting from the commencement time or prior to the finishing time] reflects the intention, however, the Ministry is seeking consideration for the provision of breaks during the day. By introducing this ability to take a “break” during the course of a working day, should a child or parent suddenly take ill, the ability to attend to the issue and return to work is possible. Combined with the ability to work from home and you have a very flexible system.

Lastly, given the nature of the work, such that by providing the Time-off in hourly installments would result in difficulties, through the creation of a Labor Management Agreement certain jobs can be excluded.