Ministerial Ordinance Amendment to Relax Leave Allowance Requirements for Kumamoto Earthquake Employment Insurance Special Measures

The Ministry of Health, Labour and Welfare has promulgated a ministerial ordinance to partially amend the Ordinance for Enforcement of the Employment Insurance Act (Ministry of Health, Labour and Welfare Ordinance No. 134), establishing special provisions regarding unemployment benefits for leave of absence for employers forced to scale down business activities due to the 2026 Kumamoto Earthquake. The ordinance comes into effect on the date of promulgation, August 25, 2026, and was published in the Official Gazette (Extra Edition Special No.) on the same date.

The amendment is based on the provisions of Article 62, Paragraph 1, Item 1 and Paragraph 2 of the Employment Insurance Act (Act No. 116 of 1974) and was signed by Minister of State Hitoshi Kikawada, acting as the Acting Minister of Health, Labour and Welfare. A new Article 15-4-5 has been added to the Supplementary Provisions of the Enforcement Ordinance (Ministry of Labour Ordinance No. 3 of 1975), stipulating special requirements for benefits regarding leave of absence for affected employers.

Special Provisions for Leave Benefits for Employers Affected by the Kumamoto Earthquake

The newly established Supplementary Provision Article 15-4-5 stipulates that the provisions of Article 102-3, Paragraph 2, Item 2 of the Enforcement Ordinance shall not apply to leave of absence taken by employers who were forced to rapidly scale down business activities for economic reasons accompanying the 2026 Kumamoto Earthquake. As a result, employees of affected employers will be able to receive benefits even if they do not meet the standard requirements for leave benefits.

• Eligible cases are leave of absence for eligible insured persons at business establishments located within the area of Kumamoto Prefecture during the 2026 Kumamoto Earthquake.
• Limited to cases where the first day of the target period is within six months starting from July 28, 2026.
• Employers falling under Article 102-3, Paragraph 1, Item 2(a) are eligible.

Effective Date and Scope of Application

The ministerial ordinance takes effect from the date of promulgation, and the amended provisions apply to leave of absence starting on or after July 28, 2026. This measure retroactively covers the leave period following the earthquake, reflecting consideration for both workers and employers in the affected areas.

This amendment serves as practical support for employers attempting to maintain employment in the areas affected by the 2026 Kumamoto Earthquake by facilitating the smooth processing of leave benefit procedures. Insured persons working at business establishments in Kumamoto Prefecture and their employers are required to confirm the application of these special provisions for leave taken within the target period.

Source: Official Gazette (Extra Edition Special No.) dated August 25, 2026, “Ministerial Ordinance to Partially Amend the Ordinance for Enforcement of the Employment Insurance Act” (Ministry of Health, Labour and Welfare Ordinance No. 134) — Official Gazette 20260825t000460001