A Vidicantive Study of Legislative Policies on Parental and Family-Care Leave

2001 Fiscal Year Final Research Report Summary

• Project/Area Number: 11420010
• Research Category: Grant-in-Aid for Scientific Research (B)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Social law
• Research Institution: Chiba University
• Principal Investigator: NAKAKUBO Hiroya Chiba University, Faculty of Law & Economics Professor, 法経学部, 教授 (90134436)
• Co-Investigator(Kenkyū-buntansha): OHTSUKA Shigeo Chiba University, Faculty of Law & Economics, Associate Professor, 法経学部, 助教授 (20213770) ; OKAMURA Kiyoko Tokyo Women's Christian University, College of Arts & Sciences, Associate Professor, 文理学部, 助教授 (70150878) ; TEZUKA Kazuaki Chiba University, Faculty of Law & Economics, Professor, 法経学部, 教授 (90013010) ; AKUZAWA Toshiaki Kyorin University, Faculty of Sociology, Professor, 社会学部, 教授 (30167861) ; KIMPARA Kyoko Chiba University, Faculty of Law & Economics, Professor, 法経学部, 教授 (90261891)
• Project Period (FY): 1999 – 2001
• Keywords: parental leave / family-care leave / work and family / family responsibility / family-friendly / Child-Care and Family-Care Leave Law

Research Abstract

Included among the findings of this research are the following points.
First, Japanese legal scheme regarding child-care and family-care leave has evolved gradually from the relatively simple Child-Care Leave Law of 1991 to the present form, incorporating a variety of contents such as mandatory family-care leave, benefits during the leave from the employment insurance fund, special limits on night work and overtime, protection against unfavorable treatments, employers' duty to make efforts to allow leave to take care of sick children, employers' duty to care in placement of workers, etc. Despite its undeniable merits, this variety sometimes makes it difficult to see the basic spirit and policy of the legislation. This partly explains the peripheral interest in the subject in many workplaces.
Second, by studying German and American systems, we identified two contrasting approaches towards this subject. German system is characterized by the protection of "child care," which qualifies the employee to leave up to 3 years and to child care benefits from the government. American system, on the other hand, is characterized by its modest unpaid leave up to 12 weeks a year as well as its flexibility, which enables the employee to take the leave either for child-care or for family care or even for his/her own sickness. This will lead us to reexamine the position of Japanese law regarding the child-care leave and the family-care leave.